HomeMy WebLinkAbout1998-05-19; City Council; 14688; COUNCIL AUTHORIZATION TO EXECUTE RESOURCE AGENCY PERMITS AND IMPLEMENT MITITGATION MEASURES REQUIRED FOR CANNON ROAD WESTtL 3
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CI. I) rl OF CARLSBAD -AGENDA 1) ILL 3 :;I.
AB# /L/, 688 TITLE: COUNCIL AUTHORIZATION TO EXECUTE
RESOURCE AGENCY PERMITS AND IMPLEMENT
CANNON ROAD WEST, PROJECT NO. 3184
MTG. 5/19/98
DEPT. ENG
CITY ATTYe MITIGATION MEASURES REQUIRED FOR
CITY MGR2
RECOMMENDED ACTION:
Adopt Resolution No. 38 - I5 2 authorizing the Mayor to execute permits for the Californ
Department of Fish and Game, the California Coastal Commission, and the Army Corps 1
Adopt Resolution No. 98- /53 establishing an Agency Fund for the Agua Hedionda Lagoo Preserve, Project No. 3184.
Engineers agencies for Cannon Road West, Project No, 3184.
ITEM EXPLANATION:
On February 17, 1998, the City Council was informed of the environmental process and the cost ( the mitigation package for Cannon Road West. Over the past year several items have come befor the City Council for approval or information regarding the permitting process and compliance wil
the conditions of these permits and agreements. City Staff has now received all permits to initial the construction of Cannon Road West. The mitigation package required to comply with th conditions of these permits is approximately 25% of the total project costs. The estimated cost ( the mitigation package is $5,000,000. The total project costs are estimated at $20,000,000. Sta would normally approve environmental permits for budgeted projects. Due to the magnitude of th mitigation requirement, City Council approval is appropriate.
The background and details of the permits and the permit requirements are detailed in the attache Exhibit 3. Several actions have been taken by City Council to initiate permit or agreement conditic compliance. Ail requirements of the 4(d) Interim Habitat Permit for impacts to coastal Californi gnatcatcher habitat have been met through design changes or the purchase of mitigation credit from mitigation banks. The City has initiated many of the items required to meet the wetlan impact requirements. The City Council has authorized the design changes required to th improvement plans, the five-year mitigation area monitoring, the removal of the pampas gras: cowbird trapping and planting of one of the mitigation areas.
An Agency Fund is being established by the City of Carlsbad to assist the State of California i developing a perpetual management program for the Agua Hedionda Lagoon Preserve. The Cii authorized the Center for Natural Lands Management to develop a Property Analysis Recor (PAR). The PAR provides a budget and endowment requirements necessary to perforr appropriate management actions to assure that the Agua Hedionda Preserve’s resources ar maintained over time. Establishing the Agency Fund by the City Council will allow the investmer of $150,000 and any start up costs not covered by Kelly Land Company up to $65,000. A total ( $1.2 million is required to fund the entire endowment. Exhibit 4 provides a more detaile explanation of the PAR and Agency Fund.
Staff is recommending that City Council accept the terms and conditions imposed by the resourc agencies and authorize the Mayor to execute the permits.
ENVIRONMENTAL IMPACT:
The Planning Director has determined the project is in prior compliance with an Environmenk
Impact Report for Reach 1 and a Negative Declaration for Reach 2. This action requires meetin
the conditions of approval of the environmental permits issued by the Regulatory Agencies base
on these environmental studies.
Page 2 of Agenda Bill No. 0 t d! (P @8 0
FISCAL IMPACT:
TOTAL APPROPRIATIONS TO DATE
$3,462,261 Expenditures to Date $5,418,137
Agency Fund $215,000 Additional Estimated Costs to 6/30/98 $460,637 TOTAL ESTIMATED COSTS TO 6/30/98
$345,494 ESTIMATED REMAINING BALANCE 6/30/98 $5,072,643
Contractual Obligations $934,745
This project is funded by the proposed Bridge and Thoroughfare District No. 3. The project funded by SANDAG TransNet Highway funds, Caltrans SLTPP funds, City of El Camino Re intersection funds, City traffic signal PFF funds, and the proposed developer fee. The develop
fee is collected at the time building permits are issued. The mitigation costs discussed in tl
agenda bill are included in the estimated costs for Bridge and Thoroughfare District No. 3.
Funds are available and have been appropriated in the project account.
EXHIBITS:
1. Location Map.
2. Cannon Road West Mitigation Measures Summary.
3. Memo to the City Manager - Environmental Permitting Background.
4. Memo to the City Manager - Agua Hedionda Lagoon Agency Fund Background.
5. Resolution No. ci g - 1% authorizing the Mayor to execute permits for the Califorr Department of Fish and Game, the California Coastal Commission, and the Army Corps Engineers agencies for Cannon Road West, Project No. 31 84.
6. Resolution No. 4b0 153 establishing an Agency Fund for an Endowment for tl Agua Hedionda Lagoon Preserve, Project No. 3184.
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TO: Sherri Howard, Dept. Engineering and Public Works
FROM: Lorraine Wood, Office of the City Clerk&
SUBJECT: Signed Return of California Incidental Take Permit
REFERENCE: Permit No. 2081-1998-05-5
DATE: September 30,1998
~
Please find attached the signed original of the California Incidental Take Permit, Permit No.
2081-1998-05-5. Please forward to the State of California.
If you have any questions, please contact me at 434-2808.
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NOT TO SCALE
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EXHIBIT 2
CANNON ROAD WEST
MITIGATION MEASURES COST SUMMARY
Elevated, separated bridge with soundwalls
$750,000 Creation of 4.1 acres of wetland habitat and 100-foot
$2,500,000
Canyon $520,000 Weed/exotic plant eradication on 28 acres of Macario
5-year maintenance and monitoring)
of wetland habitat in Agua Hedionda Preserve (and
buffer in Macario Canyon and restoration of 2.24 acres
Cowbird trapping in Macario Canyon
saae and southern maritime chaDarral $366,000 Land purchase to mitigate for impacts to coastal
$1 20,000
Endowment contribution to Agua Hedionda Lagoon $21 5,000
Total project costs are estimated at $20,000,000
NOTE: These costs do not include mitigation previously performed by
Kelly Ranch to grade Reach 2.
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EXHIBIT 3
May 19,1998
TO: CITY MANAGER
FROM: Public Works Director
CANNON ROAD WEST - PROJECT NO. 3184
ENVIRONMENTAL PERMITTING BACKGROUND INFORMATION
Cannon Road West had permits to construct Reach 1, issued to the City of Carlsbad. Reach 2
permits were issued to the developers of Kelly Ranch. Historically, several attempts have been
made to fund the construction of Cannon Road West, initiated by the City of Carlsbad and
developers. These attempts failed and through no fault of the City, permits for the project have
expired. Staff has been working diligently for the last two years to fund the construction of
Cannon Road West with both public funds and developer fees. The Cannon Road West Bridge
and Thoroughfare District is a result of those efforts. Because of development of the
surrounding areas and the need for the Cannon Road West link to be completed, staff reapplied
for all permits.
Cannon Road West requires permits from the Environmental Protection Agency (401), the U. S.
Army Corps of Engineers (404)’ the California Department of Fish and Game (1603 and 2081)
and the California Coastal Commission (resource agencies). The permits required special
consultation with the United States Fish and Wildlife Service (USFWS) for wetland vegetation
impacts (Section 7) and upland vegetation (Section 4d) impacts for construction and use of the
road. Section 7 Consultation resulted in the publication of a Biological Opinion. It is used as a
resource and is adopted into the permits by all the resource agencies. CEQA compliance for
the construction of the road is through a certified Environmental Impact Report for Reach 1 and
a certified Environmental Impact Report for Kelly Ranch and a subsequent Mitigated Negative
Declaration for Reach 2.
Consultation with the resource agencies were re-initiated by staff in April of 1996 after
requesting extensions to existing permits. The resource agencies expired all permits.
Application for all permits were made to the respective agencies in January, 1997 and formal
consultations continued. A summary of the permits for Cannon Road West are attached as
Exhibit A.
Section 7 Consultation with the resource agencies identified impacts to the following
endangered species: least Bell’s vireo, southwestern willow flycatcher and Del Mar manzanita.
The least Bell’s vireo is a small migratory song bird that forages and nests almost exclusively in
riparian woodland (wetland) habitats. The southwestern willow flycatcher is a migratory bird that
breeds and forages in riparian woodland (wetland) habitats. The Del Mar manzanita is a
federally listed shrub that is a component of southern maritime chaparral. The Del Mar
manzanita was mitigated through the 4(d) Interim Habitat Take Permit. This permit is discussed
in more detail below. An overview of the impacts and mitigation measures is provided
graphically in Exhibit B. Overall habitat impacts as discussed below are shown graphically in
Exhibit F.
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May 19,1998
City Manager
Cannon Road West - Project No. 3184
Environmental Permitting Background Information
Page 2
Through consultation with the resource agencies, the following wetland impacts from Cannon
Road West were identified:
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Table 1 - Wetland Impacts and Mitigation Requirements
Habitat
Reach 1
Southern Willow Riparian
Scrub
Brackish Marsh
Reach 2
Disturbed riparian scrub
Southern willow scrub
Open water
Impact
1 .O acre (direct impact)
0.8 acre (shading impact)
0.01 acres (direct impact)
0.1 0 acre (shading impact)
0.1 3 acres (direct impact)
0.46 acres (direct impact)
0.14 acres (direct impact)
Mitigation
Ratio
3: 1
1:l
3: 1
1:l
3: 1
3: 1
1:l
Total
Acreage
3.00 acres
0.80 acres
0.03 acres
0.10 acres
0.39 acres
1.38 acres
0.14 acres
Totals 2.64 acres 5.84 I
In summary, a total of 2.64 acres of direct wetland impacts will be mitigated by the creation or
restoration of 5.84 acres of wetlands (5.57 acres of southern willow scrub, 0.13 acres of
brackish marsh and 0.14 acres of open water). In addition, the 0.68 acres of riparian vegetation
subject to temporary disturbance will be replaced in kind through revegetation of the temporarily
disturbed areas.
This project requires the creation of a wetland habitat within Macario Canyon as a result of a
Section 7 Consultation with the USFWS and as a condition of approval of permits from the
California Coastal Commission (CCC), California Department of Fish and Game (CDFG), and
the Army Corps of Engineers (ACOE). The City proposed a mitigation package that required a
1 :I wetland creation in Macario Canyon that achieved resource agency defined success criteria
prior to the initiation of project construction.
In October 1997, CDFG approached staff to explore creative ways to fund the Agua Hedionda
Lagoon Preserve Endowment (endowment). CDFG has made a policy decision to not accept
land dedications unless an endowment or other form of maintenance guarantee is in place at the
time of accepting the land. The Agua Hedionda Lagoon and its watershed are a valuable
resource in the City and staff would like to see the land dedicated to the State and maintained.
At the same time the developers of Kelly Ranch approached to City to amend its Biological
Opinion from the USFWS to allow concurrent impacts to allow construction of the Agua
Hedionda Channel Bridge to provide access to Village “E” in Kelly Ranch. Construction of
Village “E” and the need to use Cannon Road precedes the City construction schedule. Staff
saw this as an opportunity to initiate construction of Cannon Road West and work with the State
to fund the endowment. Unfortunately, the California Coastal Commission did not agree and
required a 3:l mitigation ratio for certain concurrent impacts.
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May 19,1998
City Manager
Cannon Road West - Project No. 3184
Environmental Permitting Background information
Page 3
The Cannon Road West project includes the construction of two bridges that cross and
impact wetlands supporting habitat for the least Bell’s vireo and southwestern willow
flycatcher, both federally listed endangered species, The purpose of the wetland mitigation
area is to create a wetland that will support and encourage breeding of the endangered
species. The original mitigation area is in Macario Canyon adjacent to existing riparian.
Prior to grading and planting of wetlands the land was used for farming. The original
3.31 acres has been expanded to 4.1 acres and additional land has been proposed for
restoration within the Agua Hedionda Watershed. Exhibit B identifies the location of the
Proposed Mitigation Sites. The acreages of these sites is detailed below in Table 2.
Table 2 -Wetland Mitigation Areas
Site Number
4.1 0 A (Macario Canyon)
Number of Acres
B (Kelly Ranch entrance) 0.44
C (El Camino Real) 1.30
D (Park Drive) 0.50
Total 6.34
Indirect impacts from the bridges due to light from the streetlights and vehicles and sound
from the tires on the pavement are mitigated through the following measures:
0 The 4(d) Interim Habitat Permit requires agreement of the mitigation requirements with
the limiting impacts to adjacent wetlands with the placement of an “environmental fence”
along all graded areas to protect habitat from construction equipment and siltation (see
Exhibit D).
0 construction of a barrier along the Macario Canyon Bridge (see Exhibit E)
0 construction ‘of the split, 454 foot long Macario Canyon Bridge approximately fifty feet
above the wetlands. The City would typically construct a culvert to cross the creek.
Additional construction costs for the split bridge are $2,500,000
cowbird trapping in Macario Canyon to the east of the bridge (see Exhibit C)
0 removal of pampas grass in 28 acres near the mouth of Macario Canyon (see Exhibit C)
Special design requirements such as a rock mix in the asphalt that limits tires noise and
Construction limitations adjacent to the wetland areas.
shields on the streetlights
In addition to impacts to the wetlands for the construction of the bridges, Cannon Road West
impacts upland habitat. Upland Habitat is breeding territory for the federally listed
endangered coastal California gnatcatcher. Impacts to Upland Habitat that were permitted
through the Section 4(d) Interim Habitat Take Permit are detailed in Table 3.
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May 19,1998
City Manager
Cannon Road West - Project No. 3184
Environmental Permitting Background Information Page 4
The 4(d) Interim Habitat Permit requires agreement of the mitigation requirements with the
from the Carlsbad Highlands Mitigation Bank for coastal sage impacts. The agencies
required mitigation of the southern maritime chaparral in kind but would not accept coastal
sage scrub credits from the Carlsbad Highlands Mitigation Bank. In addition, a Del Mar
manzanita was located in southern maritime chaparral adjacent to the impact area. The
agencies required southern maritime chaparral with Del Mar manzanita. In the time period
provided by the agencies to locate the land for mitigation, none was available in the City of
Carlsbad that was acceptable to the agencies. Land was purchased in the Manchester Avenue Mitigation Bank located in the City of Encinitas. In addition to mitigation credit purchases from established mitigation banks, restrictions were placed on the construction periods.
The City could not construct Cannon Road West Reach 1 within the upland habitat in the time period to avoid impacts to the coastal California gnatcatcher and complete the project prior to the start of the “rainy season”. Staff made a special request to grade Cannon Road West in the rainy season to avoid impacts during the breeding season. The California
Coastal Commission “rainy season” is from October 1 through March 31. The breeding
season for the coastal California gnatcatcher is February 15 though August 15. city staff
opined that erosion could be mechanically controlled and findings could be made in support
of the endangered species to permit grading in the “rainy season”. City Council was
represented at the public hearing and Carlsbad was successful in receiving permission from
the Coastal Commission to initiate grading. That portion of Cannon Road West was graded
and the erosion control held through the recent El NiAo rainy season.
USFWS and CDFG (agencies). The agencies allowed mitigation credits to be purchased
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Regional Water Quality Board Permit Waiver (401)
EIA 96-02 Mitigated Negative Declaration
Reach 2
State Clearing House No. 96091058
United States Fish and Wildlife Service
Service
Biological Opinion 1 -6-97-F-51
-I Issued 8/97
Filed with County Recorder
November 25,1997
Finaled October 8, 1997
Army Corps of Engineer Permit (404) Issued; final approval pending
97-201 30-TCD (Reach 1)
97-20131-TCD (Reach 2)
City Council action
1603 Permits (Streambed Alteration)
#5-044-97 (Reach 1)
#5-845-97 (Reach 2)
2081 Permit (California Endangered Species Act)
California Department of Fish and Game Issued 3/18/98
#2081-I 998-0-5 Issued; final approval pending
City Council action
California Coastal Commission
6-97-010 (Reach 1 - Phase I)
City Council action 6-97-01 1 (Reach 2)
Issued final approval pending 6-97-010 (Reach 1 - Phase II)
Issued 1011 3/97
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EXHIBIT 4
May 19, I998
TO: CITY MANAGER
FROM: Public Works Director
CANNON ROAD WEST - PROJECT NO. 3184
AGUA HEDIONDA LAGOON PRESERVE AGENCY FUND BACKGROUND INFORMATION
The United States Fish and Wildlife Service (USFWS) is requiring the City of Carlsbad to assist
in funding an endowment for the maintenance of the Agua Hedionda Lagoon Preserve. The Agua Hedionda Lagoon Preserve is an 186 acre parcel required as mitigation for impacts to wetlands from the construction of Cannon Road Reach 2 and Kelly Ranch. It was originally dedicated to the State of California as an Irrevocable Offer of Dedication (IOD) as required by
the Kelly Ranch permits. The State of California would like to accept the Agua Hedionda Lagoon Preserve, although the State has made a policy decision to only accept land dedications that have a maintenance provision. The Agua Hedionda Lagoon Preserve Endowment (Agency Fund) would provide these maintenance requirements.
The USFWS required the City to contract out for a Property Analysis Record from the Center for Natural Lands Management, a non-profit organization for the protection and management of
provides a dollar amount that is required to fund an interest bearing non-wasting account. The PAR analyzes the appropriate management actions necessary to ensure that the Agua Hedionda Lagoon Preserve’s resource value are maintained over time. This PAR specifically looked at exotic plant and animal species control and controlling and limiting human habitation and use. A copy has been attached as Exhibit 6 for your information.
The PAR determined two cost estimates. The first cost estimate is for the initial and capital
expenses such as establishing a management plan, initial field surveys and monitoring, fencing, signage and removal of workers camps and other debris from illegal dumping. The second cost estimate is for the ongoing annual costs to determine the total endowment. The costs are summarized below:
natural resources. The Property Analysis Record (PAR) is a computer modeling program that
Table I - Maintenance Costs for Agua Hedionda Lagoon Preserve
Initial Year Costs (Year 1)
$1,213,263 Total Contribution $ 1,048,557 Held in Trust (Endowment) $52,428 Ongoing Annual Costs Following Year 1 $64,706
The revegetation effort in the Agua Hedionda Channel performed by Kelly Ranch as part of their development in the mid 1980’s has been very successful. Kelly Ranch also initiated grading of their development and Cannon Road in the mid 1980’s. Grading of Cannon Road Reach 2 was completed exclusive of the abutments for Agua Hedionda Channel Bridge. The project was not completed and permits have since expired. The wetland habitat has grown up to the road in an approximate 2,000 foot long stretch extending westerly from El Camino Real. Least Bell’s vireo migrate to the channel each year and successful breeding of this endangered species has occurred adjacent to the graded road. The USFWS has required mitigation for indirect impacts for this section of roadway for the use of the road. These impacts are sound from the tires on the road and light from streetlights and vehicles. USFWS used a formula developed by Caltrans to determine that indirect impacts to the adjacent habitat will affect 20 acres.
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May 19,1998
City Manager Cannon Road West Agua Hedionda Lagoon Preserve Agency Fund Background Information Page 2
The State of California is requiring that Kelly Land Company, the owners of the 186 acre Agua Hedionda Lagoon Preserve, dedicate the land in a clean condition. This means that all trash and illegal inhabitants must be removed and the land must be fenced. Any portion of that work not completed by Kelly Land Company will be funded by the City of Carlsbad. The PAR and the
USFWS has estimated the initial start-up costs that the City may be responsible for to be $65,000.
The City has agreed to set up an Agency Fund that can be accessed by the USFWS, California
Coastal Commission or California Department of Fish and Game when the State is prepared to accept the land. Staff is recommending that City Council authorize the City Manager, with City Attorney approval, to distribute the funds when any of the accepting agencies are ready to
accept the Agua Hedionda Lagoon Preserve. Staff is recommending the Agency Fund be set up to accept funds from future projects that will be conditioned to contribute to the endowment.
LLOYD& HUBBS, P.E.
Public Works Director
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1 i 0 EXHIBIT ”6” 0;
Center for Natural Lands Management
A non-profit organization for the protection & management of natural resources
August 4, 1997
/Sherry Teresa Ms. Sherri L. Howard Executive Director
Sacramento. CA
95815-4312 Engineering Department 1808 Trlbute Road. Suite B
City of Carlsbad ’
Associate Engineer
016/567-4180 FAX 9 I6/ 567-4 190
ernail cnlrnpres@aol.rorn 2075 Las Palmas Drive
AN 0 6 f99?
ENGINEERING
DEPARTMENT
: Brenda Pace Carlsbad, CA 92009-1 576
Administratwe Director
1454 Elkhorn Road
Watsonville. CA 95076 Re: Agua Hedionda Lagoon Property Analysis Record (PAR-PO36)
FAX 408/728-9277
emall jetpace@aol.rom
408/72a-4548
Peter H. Bloom Regional Director 1 Dear Ms Howard:
1361 1 Hewcs Avenue
Santa Ana. CA 92705
PH/FAX 714/544-6147
. .. Graciela Hinshaw Preserve Manager
604 S. Chester Avenue
Bakerslicld. CA 93304
I’H/FAX 805/397-8758
rrnatl mlrngrar9aol.com
Board of Directors
This letter is being written to establish the assumptions under which the Property
Analysis Record (PAR) was prepared, summarize the results of that PAR, and describe
the terms under which’the Agua Hedionda Lagoon property ‘(“Property”) should be set
aside for the preservation of the riparian forest and coastal marsh. Cameron Barrows
(CNLM Southern Caliiornia Regional Director) and I have had the opportunity to
and you, and have arrived at a budget and .endowment requirements necessary to
perform appropriate management actions to ensure the Property’s resource values are
maintained over time.
review the Property with Jeff Manning of the USFWS, Tim Dillingh~~m of the CDFG
I
Chdirman Wayne S. White
US Fish &Wildlife Senicc
DeWitt F. Bowman, CFA
Financial Consultant.
Larry Eng. Ph.D.
California Department of
Fish ei Game
Don C. Ennan.’Ph.D. Centrrs lor Water & Wildland
California
Resources. Unlversity of
Michael McCollum
McCollum Assoc~atcs
Michael W. Remy
Rrmy. Thomas & Moos?
Property Summary
The Property contains approximately 186 acres. It is located in San Diego County
within the City of Carlsbad. Siwcant southern willow riparian forest and coastal
saltwater marsh habitats are located on the Property which shall be preserved under the
mitigation agreement. Thes.e habitats are naturally dynamic, and that change may have
been accelerated or retarded by altered sedimentation and hydrology-from surrounding
development. ’Predicting the long term impacts of these changes is difficult without
additional research, but for the purposes of this PAR it is assumed that the habitats are
sufficiently healthy and robust to be maintained with proper management techniques.
An evaluation should be conducted in the near future to ascertain the rates and
hydrology so managers can react appropriately. Funds for this evaluation are included
in the PAR.
direction of habitat dynamics as a result of potentially altered sedimentation and
Douglas A. Unruh
Crupr Dewlopmenl Co. I The natural habitats included in the Property are currently of sufficiently high quality
c: 6.1 \Projects\CarlsbadMgua HediondaUulj97 I
I’fintctl on rrryclr<t paper I Risc cmrly. skxg tale artd lake care O/’thc. land
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at least one pair of light-footed clapper rails in the salt marsh. The immediate threats to the vireos
include habitat destruction by illegal migrant farm worker camps, proliferation of exotic
vegetation, and parasitism from brown-headed cowbirds.
Manarrement Strategies
Unless otherwise noted, it is assumed that management strategies will be implemented by the
Property manager.
The PAR was developed with the assumption that the habitat QW~ and mmager has not been
formally identified. However, an offer of dedication exists to the California Department of Fish
and Game (CDFG). In light of the formal relationship of CDFG with the National Fish and
Wildlife Foundation (NFW) to hold and manage mitigation endowments, the endowment
assumption was based on NFWF or another private nonprofit organization holding title and
managing the funds. A conservation easement dedicated to CDFG or the City should be recorded
over the property if a third party manager other tha~ CDFG will hold title. CDFG labor rates
were used.
The workers camps will be cleared by.the Kelly Ranch Company. prior to transfer to a land
management entity. A seven' day inspection period to insure all camps have been removed should
be required. Due to the history of camps here, it is likely that workers will attempt to re-establish'
their camps soon after being removed. Therefore, an active patrolling and eviction action will be
required and this service will need to be contracted out to a qualified security firm. The PAR has
estimated these costs, assuming that patrolliig and enforcement will occur in pairs (for safety) for
a total of about 9-10 person hours per week. Cleaning.up of new camps will be required and
could be conducted with CCC crews. The timing of clean ups will need to be coordinated with
enforcement and eviction actions by the security firm. Clean up hours were estimated on the basis
of 5-10 member CCC crews working 200 person hrs / year. Dumpster service will need to be
coordinated with clean up actions.
The exotic plzint infestations are currently at a relatively low level compared to other southern
California riparian forests; this is therefore a relatively inexpensive time to begin removing the
alien species,. Giant reed (Arundo donax), fennel, eucalyptus, pampas grass, castor bean, various
exotic palms and agaves, and cockleburr were all observed.on the Property in various stages of
expanding populations. All of these weeds can and will take over the native riparian plant species, and none are utilizedx habitat by the vireos.
The only effective and approved method of removing theses weeds in riparian habitats involves
the use of the herbicide RODEO, manufactured by Monsanto. In many cases the weeds need to
be cut or girdled prior to the application of the herbicide. The PAR assumed the use of CCC type
crews for cutting; herbicide application should be restricted to only those people licensed to apply
herbicides. This can be contracted out, or the Property manager could be licensed. This work
was estimated at 250 person hours per year for the first year, declining substantially each year
thereafter.
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The large eucalyptus trees at the east end of the Property along El Camino Real may have some
value to raptors and to local people. They are also the source of a large infestation of young
trees. The young eucalyptus should be removed immediately; The larger trees should be girdled
over time, but not removed so that they still maintain raptor and scenic value.
Brown-headed cowbirds are new to California habitats over the past century, and native songbirds, including the vieus, have not developed mechanisms for avoiding the cowbirds’ nest
parasitism. The only effective method for controlling cowbirds includes setting traps baited with
live cowbirds. The traps require daily checking during the vireos’ nesting season. The PAR
assumed three traps be set on the Property and a total of 150 person hours per year needed to
maintain the traps.
Feral dogs, cats and red foxes can decimate native animal populations in restricted coastal
habitats, especially ground nesting birds such as light-footed clapper rails. One of the most
effective and cheapest ways to control non-native predators is to maintain a healthy coyote population. The creation of habitat corridors to surrounding natural habitats is essential to
maintaining coyote populations.
Although corridor creation is beyond the scope of the PAR, fencing surrounding the Property is
within the PAR’S scope and that fencing must be porous to coyote movement. The Center
suggests a 6’ post and three strand cable fence in areas where. coyote movement is desired. It is
porous to coyotes, attractive, and durable. This style fencing would be installed along Park.Drive.
El Camino Real is an access point for trespassing workers and a dangerous road for wildlife
movement, so a non-porous chain-link fence is recommended there. Based on discussions on site,
no fencing that was fbnded through this endowment would occur on Cannon Drive.
Trail development will be lited or non-existent within the Property. The impact on the PAR
results as to whether or not trail development and maintenance is included or not is mihor. It is
important that the surrounding community understands and supports the protection of this
Property margin from illegal dumping, trespassing and uncontrolled pet use. With local support
the number of concerned “eyes” for patrolling, and controlling trespassing and farm worker
shanty proliferation will increase by orders of magnitude. For this reason the PAR includes time
dotted for community outreach, production of interpretive literature, and liinited trail
development along Park Drive.
Property. Without that support there will be a continued erosion of habitat values along the
The Center recommends property evaluation or “walk thorough” a maximum of seven (7) days
prior to transfer of title to which ever entity may assume ownership of the site, to ensure
compliance with commitments by Kelly Ranch Company. This would also ensure that new
problems have not arisen just prior to the transfer of title.
The PAR includes annual monitoring of both the vireos and the rails. It is critical to follow those
populations over time and document changes if they occur. The Property managers will have no
C:lwp6..flproj~=fslCa~l~$*d~~~ Hedionda 3
.. I) 0
better tool to evaluate the impacts of management actions or ‘lag” to dictate when additional
actions are required. The proposed monitoring would be limited to territory mapping and may
require biologists certified to monitor those species.
The total hours for the property manager to complete management strategies would equal
approximately one quarter of a person’s time. Office and travel costs, as well as administrative
duties were scaled to that percentage.
Cost Estimates
attached to this letter. Included in this estimate are overhead costs of 2276, which is less than that
required by state agencies (26-3270) but similar to what the Center or other nonprofits would
require. We recommend that the endowment be held and invested by the National Fish and
Wildlife Foundation which could provide a relatively secure investment program at returns
comparable to those included in this PAR. State and federal agencies are often restricted to lower
risk, and lower return options for investing endowments. Those returns would not have interest
returns on the proposed endowment necessary to provide the annual management finds, nor
would the interest be able to keep up with inflation rates. Over time, the endowment would be
able to find less and less management. By. choosing lower interest return options the endowment
The PAR estimates for management costs an endowment required to .provide those funds are
. would have be increased to meet management needs.
The PAR cost estimates have two parts: (I) a cash amount to cover initial and capital expenses
such as a management plan, initial field evaluations, setting management and accounting systems,
and a legal and contingency find; and (2) a trust amount to cover on-going costs. The trust must
be sufficient to provide income covering the cost of management of the property, inflation, and
trust management fees. In consultation with trust managers, we have used a 30-year history of
changes in the consumer price index, bond returns, stock appreciation and yields assuming a
balanced portfolio to determine our estimate. We will be happy to review this data with you
along with our management cost assumptions and charitable contribution criteria and guidelines.
Assuming that the funds are paid at the time of the land dedication, the perpetual management of
the conserved habitat would involve the following amounts:
Initial Year Costs (Year 1) $64,706
Ongoing Annual Costs Following Year 1 $ 52,428
Held in Trust (Endowment) $ 1,048,557
Total Contribution $ 1,213,263
On a per acre basis, permanent stewardship is equal to $282 per year in current dollars. This amount
will be derived fi-om the one-time endowment $5,637 per acre.
C:lwp6..JJpraiectrlCar~bad~gua Hedionda 4
.I .I
If there are any changes or if you desire other information or services, please contact me at the
. number above. Thank you for your assistance with this project. I look forward to working with you
on this project to conserve this siecant ecological site within the City of Carlsbad,
enclosures
C:lwp6.1 IprojectslCarlsbadlua Hedionda 5
e e
Property Analysis Record 1.0 08/04/1997 Page
PROJECT DATA
Project Title: Carlsbadfs Agua Hedionda Cr PAR ID: CARLSBDI
Prepared by: Cameron Barrows Preparation Date: 07/17/1997
Address: CNLM P.O. Box 188 Telephone: 760 343-1234
City: Thousand Palms, CA 92276
U.S.G.S. Quad: Management Type: Ownership
Location/Jurisdiction: City of Carlsbad
County: San Diego
Acres: 186.00
Project Status: Start Date Completion StatusINotes
Construction: /I //
Restoration: // /I
Stewardship: /I /I
Owner: Kel ly Ranch
Organization:
Address:
City:
E-Mai 1 address:
Telephone:
Fax :
Project Proponent: Contact: Sherry Howard
Organization: City of Carlsbad
Address:
City: Car Lsbad, CA
E-Mai 1 address:
Consultant #I: Jeff Manning
Organization: USFWS
Address:
City: Carlsbad, CA
E-Mai 1 address:
Consultant #2: Tim Dillingham
Organization: CDFG
Address:
City: San Diego, CA
E-Mai 1 address:
Telephone: 760 438-1161 x4427
Fax :
Telephone: 760 431-9440
Fax :
Telephone: 619 467-4204
Fax :
The Center for Natural Lands Management prepared this software to assist conservation planners
develop the management tasks and costs of long-term stewardship. While the sources are
thought to be reliable, the Center makes no representations about the accuracy of cost
estimates. The date of the cost information is 1995. The operation of the program is not
guaranteed by the Center. Management requirements are determined by the user. Users should
consult with their own financial advisors before relying on the results of their analysis.
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 6, Sacramento, CA 95815
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Property Analysis Record 1.0 08/04/1997 Page
PURPOSES FOR PRESERVATION
Property Title: Carlsbad’s Agua Hedionda Cr PAR ID: CARLSBDI
RANK APPLICABLE AGENCY PERMITS SUMMARY MEMO
__~ ~__~
RANK OTHER PURPOSES FOR PRESERVATION SUMMARY
~
MEMO
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 8, Sacramento, CA 95815
0 .. Property Analysis Record 1.0 08/04/1997 Page
DOCUMENTS AND REFERENCES
Property Title: Carlsbad’s Agua Hedionda Cr PAR ID: CARLSBDI
DOCUMENT/REFERENCE CONTACT PHONE DATE RC
~~ ~~ ~ ~~
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite B, Sacramento, CA 95815
0 0
Property Analysis Record 1.0 08/04/ 1997 Page
BIOLOGICAL AND FIELD ASSESSMENT
Property Title: Carlsbad's Agua Hedionda Cr PAR ID: CARLSBDI
Biotic Survey LISTED ACRES STATUS
SPECIES NAME STATEIFEDERAL
1 Forests, Riparian 140.00 Southern Vi 1 low Ripar,
(Deciduous or evergreen forests found along streams and rivers.)
2 Swamps, Marshes and 50.00 Salt marsh (aprox acr,
(Fresh or salt water areas with dense plant growth; waterlogged soils.)
3 Rail, Light-Footed Clapper
(RaLLus Longirostris Levipes)
4 . Vireo, Least Bell's
(Vireo bellii pusillus)
SE/ FE 50. 00 1 pair known, poss mo
SEIFE 140.00 14-15 pr
Field Survey
NEIGHBORING USES
OF PROPERlY LOCATION
PERMITTED/ PROBLEM NOTES
LEGAL N/L/M/H
Residential north,surrounding
Open Space south
Agricultural south
Agricultural south
Major Roads
Minor Roads
south,east,west
north
~~
High pets, weeds, kids
High illegal workers living in th
High riparian forest, weeds, cowbi
High blocks ui ldlife movement
Medium access
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 8, Sacramento, CA 95815
0
Property Analysis Record 1.0
0
08/04/1997 Page
Field Survey
ADDITIONAL USES
OF PROPERTY LOCATION
~ ~~ ~ ~~
PERMITIED/ PROBLEM NOTES
LEGAL N/L/M/H
~~~~ ~
Other
Other
~
INTERNAL
INTERNAL
High FARMWORKERS LIVING IN .RIPARIAI
High FOREST, TRASH SEWAGE, HABITAT
~ ~~ ~~ ~ ~ ~~ ~~
Field Survey
WATER FEATURES LOCATION SIZE MEASURE NOTES
River CENTRAL 0.00 Agua Hedionda Creek
Estuary (Saltwater Marsh) SW end 0.00
field Survey
PHYSICAL/LEGAL FEATURES LOCATION DESCRIPTION NOTES
Field Survey
DEGRADED FEATURES/EXOTICS LOCATION SIZE MEASURE NOTES
<<<Format by the Center for NaturaL Lands Nanageaent>>>
1808 Tribute Road Suite B, Sacramento, CA 95815
0 0
Property Analysis Record 1.0
REQUIREMENTS SUMMARY
Property Title: Carlsbad’s Agua Hedionda Cr PAR ID: CARLSBDI
08/04/1997 Page
CONTRACT NOTES
SPECIAL DISTRICTS
SERVICES AND FEES REQUIREMENT FEE RATE MEASURE
DIVISION OF
RESPONSIBILITIES
~~
P/M/A/U/O NOTES
-
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite B, Sacramento, CA 95815
0 0
Property Analysis Record 1.0 08/04/1997 Page
INITIAL & CAPITAL ONSITE TASKS AND COSTS
Property Title: Carlsbad's Agua Hedionda Cr PAR ID: CARLSBDI
Relevant Measure
ACTIVITIES NEEDED MEASURE NUHBER COST/ ANNUAL TIMES
LIST OF UNITS UNIT COST YEARS
-CAPITAL IMPROVEMENTS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fence - Installed Chain Link 8'gal\vc Lin. Ft. 1,320.00 13.00 17,160.00
Fence - Installed Post & Cable, 6' Lin. Ft. 4,000.00 8.75 35,000.00
Fencing .Labor L. Hours 10.00 1.2.00 120.00
Gate Powder River It em 2.00 1,000.00 2,m.w
Lock Padlock Item 2.00 17.00 34.00
-BIOTIC SURVEYS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Wildlife Biologist Field Svy. & Reports L. Hours 150.00 28.00 4,2w.00
Hydrologist Consultant Fluvgeomo L. Hours 100.00 85.00 8,500.00
Population Monitoring Spec. monitoring L. Hours 40.00 2a.m 1,120.00
-REPORTING- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L - - - - - - - - - -
Management P tan Report L. Hours 60.00 28.00 1,680.00
Management P tan Report L. Hours 20.00 28.00 560.00
Agency Monitoring Annua 1 Report L. Hours 18.00 28.00 504.00
Photodocumentation Survey L. Hours 5.00 28.00 140.00
Photo Materials Fi lm/Process Roll 4.00 13.00 52.00
Aerial Photo - 2 sets, color Std- 9"x9", Flight Item 1-00 650.00 650.00
-PUBLIC SERVICES- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Access Control EnforcementIPatroLLg L. Hours 480.00 15.00 7,200.00
Patrolling PatrollingIEnforcemt L. Hours 100.00 28.00 2,800.00
Sign Access- plastic Item 50.00 8.00 400.00
Sign Interpretive-plastic Item 5 -00 8.00 40.00
Trai 1 Markers 3" Metal 100 1.00 55.00 55 - 00
Bench Recycled Plastic Item 5.00 300.00 1,500.00
Trai 1 Maintenance L. Hours 40.00 15.00 m.00
Docent Training Meetings 1. Hours 40.00 28-00 1,120.00
Interpretive Literature Labor L. Hours 20.00 28.00 560.00
Interpretive Literature Copying Page 2,000.00 0.10 200.00
Community Out reach Meetings L. Hours 60.00 28.00 1,680.00
~~
"""
1.0 17
1 -0 35
1 .o
1 .o i
1 .o
"""
1 .o 4
1 .o E
1.0 I
""_"
1 .o 1
0.0
1 .o
1 .o
1.0
1 .o
"""_
1.0 7,
1 .o 2,
1 .o
1.0
1 .o
1.0 1,
1 .o
1.0 1,
1.0
1.0
1.0 1,
-HABITAT MAINT. & ENHANCEMENT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Exotic Plant Control Spraying L. Hours 50.00 15.00 750.00 1.0
Exotic Plant Control Cutting L. Hours 200.00 15.00 3,000.00 1.0 3,
Exotic Plant Control Rodeo Gal. 50.00 35.00 1,750.00 1 .O 1,
Exotic Animal Control Trap Item 3.00 500.00 1,500.00 1.0 1,
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite B, Sacramento, CA 95815
0 0
Property Analysis Record 1.0 08/04/1997 Page
Exotic Animal Control Labor contractor L. Hours 150.00 25.00 3,750. M) 1 .O
Feral Pet Control Trap Item 5.00 56.00 280.00 1.0
Feral Pet Control Labor contractor L. Hours 30.00 25.00 750.00 1.0
-OFFICE MAINTENANCE- - - - - -
Liability
Office Supplies
Computer - 486 Color
Computer - PCABM
Computer software
Laser Printer
GPS - Rover & Base Unit
Administrative
Employee Reports
"""""_
Property
Supp li es
Laptop
Computer
Nicrosoft Office Pkg
Printer
GPS/Corrected
Organ. E Resupply
Ti me
"""""_
Acre 186.00
Person 0.25
Item 0.25
Item 0.02
Item 0.25
It em 0.25
Item 0.25
L. Hours 50.00
Month 40.00
"" ""
0.50
192.00
3,000.00
2,500.00
350.00
800.00
9,500.00
28.00
28.00
.""" * ""
93.00 1.0
48.00 1.0
75Q.W , 1.0
50.00 1.0
87.50 1.0
200.m 1.0
2,375.00 1 .O 1
1,400.00 1.0 1
1,120.00 1.0 1
-GENERAL MAINTENANCE- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Sanitation Control Pick-up L. Hours 200.00 15.00 3,000.00 1.0
Hau L i ng Haul dump fees Item 1.00 500.00 500.00 1.0
Dumpster Rental - 10 Cy Rental Meek 10.00 230.00 2,300.00 1 .O 1
Trash Can 2'x18" Fiberglass Item 3.00 243.00 729.00 1.0
Trash Liners Liners Item 25 .OO 5 -00 125.00 1.0
-FIELDEQUIPMENT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Vehicle Fue L Mileage 4,000.00 0.27 1,080.00 1.0 1
Vehicle Insurance Year 0.25 1,200.00 300.00 1.0
Cellular Phone - Mobile Phone- 3 watt It em 0.25 100.00 25.00 1.0
Chemical Sprayer 5 Gallon Item 3.00 63.00 189.00 1.0
Total 113
INITIAL AND CAPITAL LABOR SUMMARY
HOURLY RATE HOURS TOTAL COST
............................
"_
12"
15.00
25.00
28-00
85.00 ."""_ .-
IO"
970.00 1ao.oo
543.00
100.00
"~""""""
120.00 120.00
14,550.00 14,550.00
4,500.00 4,500.00
15,204.00 15,204.00
8,500.00 8,500.00
""""""""""""~
1,803.00 42,874.00 42,a~ao
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 8, Sacramento, CA 95815
e a
Property Analysis Record 1.0 081 04/ 1997 Page
ONGOING ONSITE TASKS AND COSTS
Property Title: Carlsbad's Agua Hedionda Cr PAR ID: CARLSBDI
Relevant Measure
ACTIVITIES NEEDED MEASURE . NUMBER COST/ TOTAL YEARS
LIST OF UNITS UNIT COST DIVIDE
-CAPITALIMPROVEMENTS----------------------------------------------
Fence - Installed Chain Link 8'gal\vc Lin. Ft. 1,320.00 13.00 17,160.00 30.0
Fence - Installed Post & Cable, 6' Lin. Ft. 4,000.00 8.75 35,000.00 40.0
Fencing Labor L. Hours 10.00 12.00 120.00 1.0
Gate Powder River Item 2.00 1,Ooo.Oo 2,000.00 35.0
Lock Pad lock Item 2.00 17.00 34.00 2.0
-BIOTIC SURVEYS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Wi ldlife Biologist Field Svy. & Reports L. Hours 150.00 28.00 4,200.00 1.0 4,
Hydrologist Consultant Fluvgeomo L. Hours 100.00 85.00 8,500.00 0.0
Population Monitoring Spec. monitoring L. Hours 40.00 28.00 1,120.00 1.0 7,
-REPORTLNG- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Management Plan Report L. Hours 60.00 28.00 1,680.00 0.0
Management Plan Report L. Hours 20.00 28.00 56D.W 5.0
Agency Monitoring Annual Report L. Hours 18.00 28.00 504.00 1.0
Photodocumentation Survey L. Hours 5.00 28.00 140.00 1.0
Photo Materials Fi lrn/Process Rot 1 4.00 13-00 52-00 1.0
Aerial Photo - 2 sets, coLor Std: 9"x9", Flight Item 1.00 650.00 650.00 3.0
-PUBLIC SERVICES- - - - - - - - - - - - - - - - - -
Access Control EnforcementIPatrollg
Patrolling PatrolLingIEnforcemt
Sign Access- plastic
Sign Interpretive-plastic
Trai 1 Markers 3" Metal
Bench Recycled P lasti c
Trai 1 Maintenance
Docent Training Heet i ngs
Interpretive Literature Labor
Interpretive Literature Copying
Community Outreach Meetings
""""""
L. Hours 480.00
L. Hours 1W.00
Item 50.00
Item 5 "3
100 1 .OO
Item 5 .oo
L. Hours 40.00
L. Hours 40.00
L. Hours 20.00
Page 2,000.00
L. Hours 60.00
""""""
15.00 7,200.00
28.00 2,800.00
8.00 400.00
8.00 40 - 00
55 -00 55.00
300.00 1,500.00
15-00 600.00
28. W 1,120.00
28.00 560.00
0.10 200.00
28.00 1,680.00
"""_,
1.0 7,;
1.0 211
7.0
5.0
4.0
20.0
1.0 t
0.5 22
1.0 5
1.0 2(
1.0 I,&
-HABITAT MAINT. & ENHANCEMENT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Exotic Plant Control Spraying L. Hours 50.00 15.W 750,OO 3.0 2 Exotic Plant Control Cutting L. Hours 200.00 15.00 3,000.W 5.0 6[
Exotic P Lant Control Rode0 Gal. 50.00 35.00 1,750.00 7.0 21
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 8, Sacramento, CA 95815
0. 0
Property Analysis Record 1.0 08/04/1997 Pagc
Exotic Animal Control Trap Item 3.00 500.00 1,500.00 5.0
Exotic Animal Control Labor contractor L. Hours 150.00 25.00 3,750.00 1.0
Feral Pet Control Trap Item 5.00 56.00 280.00 5.0
Feral Pet Control Labor contractor L. Hours 30.00 25.00 750.00 1.0
-OFFICE MAINTENANCE- - - - - -
1 iabi I ity
Office Supplies
Computer - 486 color
Computer - PC/IBM
Computer software
Laser Printer
GPS - Rover & Base Unit
Administrative
Employee Reports
"-""""
~raperty
Supplies
Laptop
Computer
Microsoft Office Pkg
Printer
GPS/Corrected
Organ. & Resupply
Ti me
"""_
Acre
Person
Item
Item
Item
Item
Item
L. Hours
Month
""""_
186.00 0.50
0.25 192.00
0.25 3,wO.00
0.02 2,500.00
0.25 350.00
0.25 800.00
0.25 9,500.00
50.00 28.00
40.00 28.00
"""""""
93.00 1.0
48.00 1.0
750.00 4.0
50.00 4.0
87.50 4.0
200.00 4.0
2,375.00 8.0
1,400.00 1.0
1,120.00 I .o
-GENERALflAINTENANCE----------------------------------------------
Sanitation Control Pick-up L. Hours 200.00 15.00 3,000.00 3.0
Hauling Haul dump fees Item 1.00 500.00 500.00 1.0
Dumpster Rental - 10 Cy Rental Week 10.00 230.00 2,300.00 5.0
Trash Can 2'x18" Fiberglass Item 3.00 243.00 729.00 10.0
Trash Liners Liners Item 25.00 5.00 125.00 1.0
-FIELD EQUIPMENT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Vehicle Fue 1 Mi leage 4,000.00 0.27 1,080.OO 1 .O
Vehicle Insurance Year 0.25 1,200.00 300.w 1.6
Cellular Phone - Mobile Phone-3 watt Item 0.25 100.00 25.00 5.0
Cherni cal Sprayer 5 Gallon Item 3.00 63.00 189.00 5.0
Tota 1 3(
ONGOING LABOR SUMMARY
HOURLY RATE HOURS TOTAL
............................
12.00 10.00 120.00
15.00 643.33 9,650.00
25 .OO 180.00 4,500.00
28.00 527.00 14,756.00
.............................
1,360.33 29,026.00
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite B, Sacramento, CA 95815
0 0
Property Analysis Record 1.0 08/04/1997 ?age
Property Title: Carlsbad's Agua Hedionda Cr PAR ID: CARLSBDI
INCLUD
GENE
$ TOTAL RATE ADM 1
INITIAL & CAPITAL COSTS
Total from Initial and Capital Onsite Casts 8 113,466.50
Site Related Administrative Tasks and' Costs
Produce contracts
Record documents/Closing Cost
Process endowment
Network Interview & Contracts
Contract Maintenance
Insurance
Set up accounting
Property tax exemption filing
Supervisor site visits
Other
2,080.")
0.00
120.00
600.00
0.00
100.00
120.00
120.00
185.00
0-00
Contingency Fund IO.OW% 11,679.15
Total Administration and Site 128,470.65 U.W% 164,;
ONGOING COSTS
TotaL from Ongoing Onsite Costs 0 36,186:13
Site Related Administrative Tasks and Costs
Contract maintenance
Insurance
Project accounting
Property exemption filing
Supervisor site visits
Other
120.00
100.00
360.00
60.00
350.00
0.00
Contingency Fund 10.00% 3,717.61
Total Administration and Site 40,893.74 22.00% 52,4
Ongoing Endowment at Capitalization Rate of 5.00% 1,048,s
Total Initial and Capital and Ongoing Endowment %1,213,21
<<<Format by the Center for Natural Lands Management>>>
1808 Tribute Road Suite 6, Sacramento, CA 95815
y STATE bF CALIFORNIA-THE RESOURCES AGENCY 0 .:. ' ' . ... '. 0 PETE WILSON L.,, '<\ I,: .". . ---
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORM, SUITE 200
SAN DIEGO, CA 92108-1725 ~~~G~~A~
(619) 5218036
COASTAL DEVELOPMENT PERMIT NO. 6-97- 1 1
Page 1 of 7
On February 4.1998 , the California Coastal Commission granted to
the attached Standard and Special Conditions.
Description: Completion of Reach 1 of Cannon Road to construct a 450 foot long
City of Carlsbad this permit for the development described below, subject to
bridge over Macario Canyon from its west rim to its east rim with two
bridge abutments and four piers, requiring approximately 265,000 cubic
yards of fill. Also, construction of Reach 2 from the east rim of Macario
Canyon to El Camino Real, about 1.54 miles as a major arterial (104 fi.
right-of-way) with two 12-foot lanes in each direction, a 18-foot wide
landscaped median, two 8-feet wide bicycle lanes in addition to curb,
gutter, streetlights, signage, drainage facilities, a 5 foot wide sidewalk and
a 4.5 foot wide parkway. Also proposed is the construction of a bridge
over Agua Hedionda Creek at El Camino Real with a 130 foot by 90 foot
cast-in-place reinforced concrete slab and reinforced steel bar, two bridge
abutments and two piers; also proposed is a mitigation plan to mitigate
project impacts to riparian habitat and brackish marsh.
Plan Designation Open Space
Zoning P-U, E-A
Site: Easterly extension of Cannon Road, extending from present terminus at
west side of Macario Canyon to El Camino Real, Carlsbad, San Diego
county.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
and
jL.2 PA
COASTAL DEVELOP @k c T PERMIT NO. 6-97-1 1 0
Page 2 of jI_
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF
THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED
TO THE COMMISSION OFFICE.
ACKNOWLEDGMENT
The undersigne
this permit and
conditions thereof.
- 96-49
Date
(Mayor)
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowled-gnent. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
fkom the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Comgliance. All development must OCCLU in strict compliance 4th the proposal as
set forth below. Any deviation fiom the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the
development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind dl future owners and possessors of the subject property to the terms and conditions.
COASTAL DEVELOP a T PERMIT NO. 6-97-1 1 ' 0
Page 3 of 2
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1 e Wetland MitipationRestoration. Prior to the issuance of the coastal development
permit, the applicant shall submit to the Executive Director for review and written
approval, a detailed wetland mitigation plan for all temporary and permanent impacts
associated with the proposed project. The plan shall contain a detailed site plan of the
wetland impact area(s), clearly delineating all areas of impact (temporay and permanent),
which shall identify the exact acreage of each impact so identified. The wetland
mitigation plan shall also incorporate the following:
a. Identification of the required offsite mitigation site@). Said mitigation shall
occur on one or more of the following sites: the 3.3 1 acre site upland of Macario Canyon
as identified in the City's Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of
the Cannon Road Extension Project, dated January 1997, the .44 acre site on Kelly Ranch
adjacent to El Camino Real (reference Exhibit 4), the Tijuana Estuary and up to 3.02
acres within the Agua Hedionda Preserve as identified in consultation with the California
Department of Fish and Game. The proposed fee payment in-lieu of restoration of 3.02
acres within the Agua Hedionda Preserve is specifically not authorized. Use of any other
site to meet the mitigation requirement, other than those identified above, would require
an amendment to this permit. The applicant shall also submit a site plan of the
mitigation site(s) which quantifies the existing wetland and upland areas of the
property(ies), including those to be restored within the Agua Hedionda Preserve,
b. Mitigation of permanent direct wetland impacts associated with the proposed
development by creationhestoration of Southern Willow Riparian Scrub and Riparian
Scrub at a 3: 1 ratio (creation to loss). Thus, 4.77 acres of riparian habitat must be created
to mitigate proposed direct permanent impacts to 1.59 acres of reparian habitat.
Mitigation of' permanent impacts to open water (0.14 acres) is required at a 1 : 1 ratio.
Said mitigation shall only involve upland suitable for conversion to wetlands, (Macario
Canyon and Kelly Ranch sites), as described in the Conceptual Wetlands Mitigatin Plan
for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997 andor
restoration as proposed in the Agua Hedionda Preserve area.
c. In-kind mitigation at a replacement ratio of 1 : 1 for all brackish marsh and
riparian vegetation shading impacts (0.9 acres) shall be required provided that mitigation
is shown to be successful by the five year monitoring plan described below; otherwise,
such mitigation shall be provided at the ratio of 2; 1 at the end of the five yea monitoring
period.
d. In-kind revegetatiodmitigation at a replacement ratio of 1 : 1 for all temporary
construction impacts to brackish marsh and riparian vegetation resulting from
construction of haul roads, stockpile and staging areas, work areas extending a maximum
90 feet from the outside edge of Macario Canyon Reach 1 bridge, and 1,200 feet
southwest of Reach 1 bridge by revegetating and restoring the impact area to the original
condition before disturbance shall be required. Revegetation will include remedial work
COASTAL DEVELOP IR ~d T PERMIT NO. 6-97-1 1 0
Page 4 of 1
such as decompaction and surface treatment of the ground and restoration of natural
contours, with monitoring for three years, pursuant to the United States Fish and Wildlife
Service's Biological Opinion on Reaches 1 and 2 of Cannon Road dated October 8, 1997,
as amended 1/13/98 and Special Condition #7 below.
e, The applicant shall provide evidence in a form and content acceptable to the
Executive Director, that the owner of all identified mitigation sites has executed
irrevocable offers to dedicate to a public agency or private association acceptable to the
Executive Director, an easement for habitat restoration, habitat maintenance, open space
and habitat protection over any portion or all of the above properties identified in #I a.
The easement shall:
1. Permit the applicant, its agents, andor the accepting agency to enter the
property, create and maintain habitat, revegetate portions of the area, and fence the newly
createdrevegetated area in order to protect such habitats.
2. Restrict all development, vegetation clearance, fuel modification and
grading within the Environmentally Sensitive Habitat open space easement.
3. Permit the Coastal Commission staff to enter and inspect for purposes
of determining compliance with Coastal Development Permit #6-97-11.
The easement area shall be described in metes and bounds. The offer shall be recorded
free of prior liens and encumbrances which the Executive Director determines may affect
the interest being conveyed. The offer shall run with the land in favor of the People of
the State of California, binding all successors and assigns, and shall be irrevocable for a
period of 2 1 years, such period running from the date of recording.
f. With the exception of the in-lieu fee payment to the endowment fund as an
option for 30.2 acres of mitigation, the proposed project shall conform to the provisions
identified in the United States Fish and Wildlife Service's Biological Opinion on Reaches
1 and 2 of Cannon road dated October 8, 1997, and the amendment to the Biological
Opinion dated January 13,1998.
2. Monitorin? Program. Prior to the issuance of the coastal development permit, the
applicant shall submit for review and written approval of the Executive Director in
consultation with the Department of Fish and Game, a detailed monitoring program
designed by a qualified wetland biologist, applicable to all mitigation sites approved
pursuant to Special Condition #1 above and acceptable to the Executive Director. Said
monitoring program shall provide the following:
a. Submittal of evidence of the completion of the mitigation plan(s) addressed in
Special Condition #1 above, through submittal of "as built" plans in substantial
conformance with the final plans approved pursuant to Special Conditions #3.
*' .-.
COASTAL DEVELOPMENT PERMIT NO. 6-97-11 e e
Page 5 of _Z_
b. Monitoring reports on the extent of coverage, rate of growth and species
composition of all created wetland areas shall be submitted to the Executive Director on
an annual basis for five years following project completion.
c. The monitoring program shall include provisions for augmentation and
maintenance of the restoration efforts, including specific performance standards, designed
to assure 90% coverage in a five year period. The program shall include criteria to be
used to determine the quality and extent of the revegetation efforts, which shall include,
but not be limited to, survival rates and species composition.
d. At the end of the five year period, a more detailed report prepared in
conjunction with a qualified wetland biologist shall be submitted to the Executive
Director. If the report indicates that the mitigation has been, in part, or in whole,
unsuccessfbl, the applicant shall be required to submit a revised or supplemental
mitigation program to compensate for those portions of the original program which were
not successful. The revised mitigation program, if necessary, shall be processed as an
amendment to their coastal development permit.
3. Find PlanslConformance with Mitigation Measures. Prior to issuance of
the coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, final site, grading and drainage plans, i.e., construction
drawings, in substantial conformance with the submitted preliminary plans and approved
by the City of Carlsbad, which shall clearly delineate the construction corridor associated
with the Macario Canyon bridge. Said plan shall indicate that the construction corridor is
the minimum width necessary to construct the project and shall be developed by the City
in consultation with Cal-Trans. Any proposed changes to the approved plan shall be
reported to the Executive Director. No change to the plan shall occur without a
Commission-approved amendment to the permit unless the Executive Director
determines that no such amendment is required.
4. Least Bell's Vireo and Southwestern Willow Flycatcher Nesting. Prior to the
issuance of the coastal development permit, the applicant shall submit to the Executive
Director for review and written approval, in consultation with the Army corps of
Engineers (COE) and California Department of Fish and Game (DFG), evidence that
mitigation for impacts' to Least Bell's Vireo and Southwestern Willow Flycatcher have
been incorporated into the project consistent with the requirements of the United States
Fish and Wildlife Service's Biological Opinion on Reaches 1 and 2 of Cannon Road
dated October 8, 1997. Any modification to the mitigatin requirements in the Biological
Opinion shall be reviewed and may require an amendment to this coastal development
permit.
5. Runoff Control. Prior to the issuance of a coastal development permit, the
applicant shall submit a runoff control plan designed by a licensed engineer qualified in
hydrology and hydraulics for those portions of the project which drain to Macario
Canyon, Agua Hedionda Creek and the Agua Hedionda Lagoon floodplain which would
assure no increase in peak runoff rate from the developed site over runoff that would
occur from the existing undeveloped site, as a result of a ten-year frequency stom over a
.. I) COASTAL DEVELOPMENT PERMIT NO. 6-97-1 1 0
Page 6 of 7
six-hour duration (1 0 year, 6 hour rainstorm). Discharge of storm flows shall not
contribute to erosion. Energy dissipating measures at the terminus of the proposed
outflow drains shall be constructed. The runoff control plan shall also include soil or
sand filtration or its equivalent sufficient to trap oils and suspended solids, preventing
them fiom entering the riparian and wetland areas located in Macario Canyon, Agua
Hedionda Creek and the Agua Hedionda Lagoon floodplain. The runoff control plan,
including supporting calculations, shall be submitted to, reviewed and approved in
writing by the Executive Director. If meeting the above standards results in sediment
control facilities such as desiltation or detention basins being required, an amendment to
this permit or a separate coastal development permit shall be required.
6. Erosion Control. Prior to the issuance of the coastal development permit, the
applicant shall submit final grading and erosion control plans in conformance with the
Regional Water Quality Control Board General Construction Activity Permit, which shall
incorporate the following:
A. All permanent runoff and erosion control devices shall be developed
and installed prior to or concurrent with any on-site grading activities.
B. All areas disturbed shall be stabilized in advance of the rainy season
(October 1 to March 3 1 of each year). The use of temporary erosion control measures,
such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt
traps shall be utilized in conjunction with plantings to minimize soil loss fiom the
construction site.
C. All grading is prohibited between October 1 and April 1 of any year.
7. Reveg.etation. Prior to the issuance of the coastal development permit,
the applicant shall submit a detailed revegetation plan indicating the type, size, extent and
location of dl plant materials, any proposed irrigation system and other landscape
features to revegetate brackish marsh and riparian resources within Macario Canyon,
Agua Hedionda Creek and the Agua Hedionda Lagoon floodplain, including the
construction corridors of Macario Canyon and the Agua Hedionda Creek bridge crossing
as well as all disturbed or manufactured steep slope areas, including the fill structure on
the east side of Macario Canyon. Drought tolerant native plants compatible with adjacent
natural vegetation shall be utilized to the maximum extent feasible to re-establish the area
consistent with its present character. Said plan shall be submitted to, reviewed by and
approved in writing by the Executive Director in consultation with the California
Department of Fish and Game.
*. . ..
COASTAL DEVELOP IP ENT PERMIT NO. 6-97-1 1 e
Page 7 of 2
8. StaginP Areas. Prior to issuance of the coastal development permit, the
applicant shall submit to the Executive Director, for review and written approval, detailed
plans incorporated into the construction bid documents, for the location of haul roads,
construction corridors and staging areas. Construction corridors and staging areas shall
be located in a manner that has the least impact on biological resources of the area, and
shall be limited to existing disturbed areas and roadways to the greatest extent feasible.
Encroachment into environmentally sensitive habitat areas shall not be permitted.
(70llp.doc)
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LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGNEERS
DEPARTMENT OF THE ARMY PERMIT
Permittee: City of Carlsbad
Permit Number: 97-20130-TCD
97-20131-TCD
Issuing Office: Los Angeles District
Note: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of
the Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified
below.
Project Description: To construct Cannon Road West (Reaches 1 & 2) for approximately four
miles from LEGO Drive to El Camino Real. An unnamed stream in Macario Canyon will be crossed with a two-span, 454-foot long bridge. A channelized portion of Agua- Hedionda
Creek will be crossed with a 134-foot long by 100-foot wide bridge. The Macario Canyon
Bridge (Reach 1) will impact approximately 1.9 acres of jurisdictional wetlands through fill
and shading. Approximately 0.68 acre of wetlands will be temporarily displaced via
construction impacts. (Therefore, a total of approximately 2.58 acres of impacts will occur at
this locztion.) At the Agt.12 Hedionda Chmnel Bridge (Reach 2), zpproxkmtely 0.74 acre of
jurisdictional wetlands will be displaced. The work is proposed as shown on the attached
drawings. To compensate for the proposed 3.32 acres of jurisdictional impacts (1.74 acres of
permanent, direct, 0.9 acre of indirect, shading, and 0.68 acre of temporary, direct impacts),
4.1 acres of brackish marsh and wetlands will be created in Macario Canyon adjacent to
mixed riparian areas, 1.8 acres of wetlands will be restored in Agua Hedionda Lagoon, and
0.44 acre of wetlands and open water, at the Kelly Ranch access road will be restored.
Project Location; In an unnamed tributary of the Agua Hedionda Lagoon in Macario
Canyon, and in the Agua Hedionda Creek channel, between LEGO Drive and El Camino
Real, in Carlsbad, San Diego County, California.
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Permit Conditions
General Conditions:
1. The time limit for completing the authorized activity ends on April 20,2001. If you find
that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification from this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office
of what you have found. We will initiate the Federal and state coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the
new owner in the space provided and forward a copy of the permit to this office to validate
the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms
and conditions of your permit.
Special Conditions: SPECIAL CONDITIONS FOR 97-20130-TCD
1. That the permittee shall comply with all terms and conditions of the SiologicaZ Opinion
rendered by the U.S. Fish and Wildlife Service (FWS) on the Cannon Road (Reaches 2 b 2)Permit
Application No. 97-20130-TCD and 97-20232-TCD, City of Curlsbad, Calfornia (2-6-97-€-51), dated
October 8,1997, as amended by City of Carlsbad letter dated January 13, 1998 with concurrence by FWS correspondence dated December 19,1997, for mitigation which will
occur concurrent with project, and as amended/extended in a letter from the FWS dated
March 16, 1998, and with the terms and conditions presented therein for Cannon Road, Reaches
2 and 2: Clearing of Riparian Vegetation and Revegetation €‘forts in Macario Canyon; (sic) City of
Curlsbad, Calqornia.
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2. That the permittee shall comply with all terms and conditions of the Coastal Development
Permit No. 6-97-10 for Reach 1 of Cannon Road, issued by the California Coastal Commission
(CCC), dated October 14, 1997.
3. That the permittee shall comply with all terms and conditions of the Coastal Development
Permit No. 6-97-11 for Reach 1 (2) of Cannon Road, issued by the CCC, dated February 25,
1998.
4. That the permittee shall not permanently impact more than 3.32 acres of Waters of the
United States, including jurisdictional wetlands, (Reach 1: southern willow scrub - 1.0 acre
direct, 0.8 acre shading; brackish marsh - 0.01 acre direct, 0.10 acre shading; Reach 2:
southern willow scrub - 0.46 acre direct; open water - 0.14 acre direct; disturbed riparian
scrub - 0.13 acre), and 0.68 acre southern willow riparian habitat temporarily during
construction. No other temporary or permanent impacts shall occur.
5. That the permittee shall mitigate the project impacts in accordance with the Conceptual
Wetlands Mitigation Plan for Reaches 2 and 2 of the Cannon Road Extension Project, prepared by
Tetra Tech, Inc., dated January 1997. Mitigation will include the creation of 6.34 acres of
wetland habitat: 6.07 acres of vireo-quality southern willow riparian habitat, 0.13 acre of
a. Macario Canyon, at the southern boundary of Agua Hedionda Lagoon: 4.1 acres;
b. Kelly Ranch access road, adjacent to El Camino Real at Hidden Valley-Rd: 0.44 acre;
c. W#est of, and across Agua Hedionda Creek from site b. (above): 1.3 acres; and
d. Adjacent to Park Drive: 0.5 acre.
brackish marsh, and OJ4 acre of open water habitat. The identified locations are as follows:
The 0.68 acre of temporary construction impacts to southern willow riparian habitat shall be
restored within one year of impacts, and no later than March 15,2000.
All mitigation construction, except for the 0.44 acre of mitigation at Kelly Ranch, for
permanent impacts shall be initiated concurrent with, or in advance of, project impacts, and
shall be fully installed within 60 days of project commencement And no later than April 30,
1999. The 0.44 acre of mitigation at Kelly Ranch shall be completed no later than March 15,
2000.
6. That the perimeter of the work site shall be adequately flagged and fenced to prevent adverse impacts to adjacent riparian habitat. This work shall be supervised by a qualified
biologist. The work area shall not exceed 90 feet on either side of the bridge sites.
7. That a qualified biologist shall monitor activities on site and submit a monthly
construction monitoring report to the Corps, FWS, and California Department of Fish and
Game (CDFG). The report shall include the status of the project regarding habitat/resource
issues, including, but not limited to: vegetation clearing, jurisdictional impacts, nesting birds,
flagging, fencing, pile driving, mitigation grading, compliance with agency conditions, and
any other pertinent wetland and fish and wildlife issues.
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8. That no equipment shall be operated in ponded or flowing areas. When work in a
flowing stream is unavoidable, the entire stream flow shall be diverted around the work area
by a barrier, temporary culvert, new channel, or other means to be approved by the Corps
and CDFG. Construction of the barrier and/or the new shall begin in downstream areas and
continue in an upstream direction, and the flow shall be diverted only when construction of
the diversion is completed. Channel bank or barrier construction shall be adequate to
prevent seepage into or from the work area. Channel banks or barriers shall not be made of
earth or other substances subject to erosion unless first enclosed by sheet piling, rock riprap,
or other protective material to be approved by the Corps and CDFG. the enclosure and the
supportive material shall be removed in their entirety when the work is completed, and
removal shall proceed from downstream in an upstream direction. The disturbed areas shall
be restored to their pre-construction contours, and all exposed areas shall be stabilized.
9. That disturbed portions of any stream channel shall be restored, and shall include revegetation of stripped or exposed areas with vegetation native to the area.
10. That construction of bridges, culverts, or other structures shall be such that water flow is
not impaired. Bottoms of temporary culverts shall be placed at stream channel grade;
bottoms of permanent culverts shall be placed at or below stream channel grade.
11. That preparation shall be made so that runoff from steep, erodible surfaces will be
diverted into stable areas with little or no erosion potentid. Frequent water checks shall be
placed on dirt roads, cat tracks, or other work trails to control erosion.
12. That water containing mud, silt, or other pollutants from aggregate washing or other
activities shall not be allowed to enter a lake or flowing stream or be placed in locations that
may be subject to high storm flows.
13. That structures and associated materials not designed to withstand high seasonal flows
shall be removed to areas above the high water mark before such flows occur.
14. That staging/storage areas for equipment and materials shall be located outside of the
stream.
15. That if a stream’s low-flow channel, bed, or banks have been altered, these shall be
restored as nearly as possible to their original contour, without creating future erosion
potential.
16. That all created and restored wetland habitats must be free of irrigation for a minimum
criteria. The criteria shall include meeting 5-year performance standards for growth and
coverage, and must be approved by the Corps, FWS, and CDFG as vireo-quality habitat (i.e.,
containing new least Bell’s vireo nesting territories and/or meeting coverage/strata
guidelines for least Bell’s vireo). all planting shall have a minimum of 80% survival after the
first year, and 100% survival thereafter, and/or shall attain 75% cover after 3 years and 90%
cover after 5 years for the life of the project. If the survival and cover requirements have not
been met, the permittee shall replace plantings as necessary to meet these requirements.
of one dry season (April 1 through October 1) and must meet agency-approved success
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Replacement plants shall be monitored with the same survival and growth requirements for 5
years after planting. All created and restored southern willow riparian habitat shall meet
vireoquality habitat standards.
17. That all planting shall be performed between October 1 and April 30 of the year to take
advantage of the winter rainy season, or shall be irrigated to ensure survival.
18. That an annual report shall be submitted to the Corps, FWS and CDFG by January 1 of
each year for 5 years after planting. This report shall include, but not be limited to, the
survival rate, per cent cover, and height of both tree and shrub species, the number of plants,
by species, replaced, an overview of the revegetation effort, and the method used to assess these parameters and vireo surveys. Photographs taken at designated photo stations shall be
included.
19. That access to the work site shall be via existing roads and access ramps.
20. That spoil sites shall not be located within a stream, in a location where material will be
washed back into a stream, or where it will cover aquatic or riparian vegetation.
21. That raw cementlconcrete or washings thereof, asphalt, paint or other coating material,
oil or other petroleum distillates, or any other substances which could be hazardous to
aquatic life, resulting from project-related activities, shall be prevented from contaminating
the soil and/or entering Waters of the United States, including jurisdictional wetlands. When
operations are completed, any excess materials or debris shall be removed from the work
area. No trash shall be deposited within 150 feet of the high water mark of any stream.
22. That no equipment maintenance shall be performed within or near any stream channel
where petroleum distillates or other pollutants from the equipment may enter these areas
under any flow.
23. That the permittee shall provide a copy of this permit with conditions to all contractors,
subcontractors, and the permittee’s project supervisors. Copies of the permit and conditions
shall be readily available at work sites at all times during periods of active work and must be
presented to any Corps personnel, or any other agency personnel, upon demand.
24. That the permittee shall retain a qualified vertebrate paleontologist to develop a
paleontological resource impact mitigation program that is specific to the project. The
program must include, but not be limited to:
a. Conduct a pre-construction field assessment to locate fossils at surface exposures.
Salvage of fossils from known localities, including processing standard sample of matrix for
recovery of small vertebrates, and trackway replication.
b. Monitoring of excavation in areas likely to contain paleontologic resources by a
qualified paleontologic monitor. The monitor should be equipped to salvage fossils as they
are unearthed to avoid construction delays and to remove samples of sediments which are
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likely to contain the remains of small fossil vertebrates. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens.
c. Preparation of recovered specimens to a point of identification, including washing of
sediments to recover small fossil vertebrates.
d. Identification and curation of specimens into a museum repository with retrievable
storage.
e. Preparation of a report of findings with an appended itemized inventory of
specimens. The report and inventory, when submitted to the appropriate lead agency,
signifies the completion of the program to mitigate impacts to paleontologic resources.
Further Information:
1. Congressional Authorities. You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
6
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c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of
this permit.
4. Reliance on Applicant’s Data. The determination of this office that issuance of this permit
is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation
include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The lnformation provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measure ordered by this
office, and if you fail to comply with such directive, this office may in certain situations (such
as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are arcumstances requiring either a prompt
completion of the authorized activity or a reevaluation of the public interest decision, the
Corps will normally give you favorable consideration to a request for an extension of this
time limit.
7
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cates that you accept and agree to comply with the
5-26 - 4;b
DATE
(Mayor)
ATTEST:
e Federal official, designated to act for *e Secretary of
he Army, ha? signed below.
/”) (.),it e/// k i // !! &?(j!&,\j. *L I: &\ $’ ’“an,p/u$q
Richard J. Schubel
Chief,Regulatory Branch /f\
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DATE ff
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property, To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date below.
TRANSFEREE DATE
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- 'Y% -' LOS ANGELES DISTRICT
U.S. ARMY COWS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Permit Number: 97-20130-TCD
Name of Permittee: City of Carlsbad
Date of Issuance: April 20,1998
Upon completion of the activity authorized by this permit, sign this certification and
return it to the following address:
Regulatory Branch - Los Angeles District Office
P.O. Box 2711
Los Angeles, California 90053-2352
ATTN: CESPL-CO-R-97-20130-TCD
Please note that your permitted activity is subject to a compliance inspection by an
Army Corps of Engineers representative. If you fail to comply with this permit you may be
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit.
Signature of Permittee Date
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' II RESOLUTION NO. 98-152
2
3
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5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE PERMITS FROM THE CALIFORNIA DEPARTMENT OF
FISH AND GAME, THE CALIFORNIA COASTAL COMMISSION AND
THE ARMY CORPS OF ENGINEERS FOR CANNON ROAD WEST,
PROJECT NO. 31 84.
6 WHEREAS, a mitigation package for the construction of Cannon Road West has b
7
Commission, and the U. S. Army Corps of Engineers (Agencies); and a
imposed on the project by the California Department of Fish and Game, the California Coa
WHEREAS, the costs to implement the mitigation package is approximately 25% of 9
entire project costs; and 10
11
WHEREAS, acceptance of the mitigation package and execution of the permits typic
occur at the staff level; and
12
l3 the Agencies have imposed; and
WHEREAS, staff is recommending that the City Council accept the permit conditions t
14 WHEREAS, staff is recommending that the City Council accept the mitigation pack:
15 staff has prepared to comply with the conditions of the Resource Agency Permits; and
16 WHEREAS, the Agency Permits are attached as Exhibits H, I, and J and are incorporal
17
WHEREAS, staff is requesting the City Council authorize the Mayor to execute f 18
herein by reference; and
19 permits; and
WHEREAS, execution of documents complying with the terms and conditions of tl 20
Resource Agency Permits is in prior compliance with certified environmental studies.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb;
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2. . That the City Council has accepted the permit conditions and mitigation packa!
25 for Cannon Road West.
26 111
27 111
28 Ill
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3. That the City Council authorizes the Mayor to execute the California Departme
Fish and Game Permit, California Coastal Commission Permit, and the Army Corps of Engin
Permit, that substantially conform to the attached permits, labeled Exhibits H, I, and J.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cor
held on the 19 day of May , 1998 by the following vote, to wit:
AYES: Council Members Finnila, Nygaard & Hall
NOES: None
ABSENT: Council Members Lewis & Kulchin
CLAkDE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
’ ATTEST:
f),
ALETHA L. RAoTkNKmNZ, City Clerk 1 (SEAL)
28
c. 0 *a- . P g E&+.[ f &c”f 4 f.”? 7-
’ I1 RESOLUTION NO. 98-153
2
3
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING AN AGENCY FUND
FOR AN ENDOWMENT FOR THE AGUA HEDIONDA LAGOON
PRESERVE, FOR PROJECT NO. 3184.
5
6
WHEREAS, the conditions of the U. S. Fish and Wildlife Service Biological Opil
1-6-97-F-51 require the establishment of an endowment for wildlife management purposes for
7 186 acre Agua Hedionda Lagoon Preserve as a mitigation measure for Project No. 3184; and
6
9
10
I?
12
WHEREAS, the condition requires the funds be placed in an interest-bearing account F
to the commencement of construction activities; and
WHEREAS, the State of California has not established a mechanism to accept
endowment at this time; and
WHEREAS, the City Council can authorize the Finance Director to establish an Age
Fund to hold the funds in an interest-bearing account until the State of California is prepare(
13 accept the endowment; and
WHEREAS, the permit conditions restrict the acceptance of the endowment to:
14 California Department of Fish and Game, California Coastal Commission, or U, S. Fish i
Wildlife Service (Agencies); and 15
16 WHEREAS, the endowment is a mitigation measure for 20 acres of indirect impacts
17 noise and has been established at $150,000; and
18 WHEREAS, the permit conditions require payment for any outstanding start-up costs I
19 to a maximum of $65,000) for the Agua Hedionda Lagoon Preserve with the understanding t
any funds not needed for the start-up costs will be reimbursed to the City prior to the funds be
accepted and transferred to the accepting Agencies; and 20
21 WHEREAS, the funds are to be placed in an interest-bearing account until the Agenc
22
costs; and 23
are prepared to accept the endowment including a certain dollar amount for the start
24 WHEREAS, there are sufficient funds available to pay these mitigation costs in t
25 Cannon Road West project account; and
WHEREAS, City Council can authorize that the request for the release of the Agen
26 Fund and the interest earned can be made to and authorized by the City Manager.
27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbz
2* California, as follows:
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/I I* That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad authorizes the Finance Direct
establish an Agency Fund that will accept funds from both private parties and public agenck
the Endowment for Agua Hedionda Lagoon Preserve (the Endowment fund). The fund sh:
invested in an interest-bearing account and all interest received will be retained in the Endowl
fund.
3. That the City Council authorizes the payment of $150,000 out of the propc
Bridge and Thoroughfare fund for the Cannon Road West project into the Endowment fun(
mitigation of the impacts of the Cannon Road West Project, Project No. 3184.
4. That the City Council authorizes the payment of $65,000 out of the propc
Bridge and Thoroughfare fund for the Cannon Road West project into the Endowment func
advance payment of the start-up costs for the Agua Hedionda Lagoon Preserve in accord:
with Condition 4.1 of the U. S. Fish and Wildlife Service Biological Opinion 1-6-97-F-51.
understood that any funds and interest earned on those funds not needed for the start-up c
will be reimbursed to the City prior to the funds being accepted and transferred to one of
Agencies.
5. That the City Council authorizes the City Manager to release the funds in
Endowment fund to any of the Agencies upon written request of the agency after reimbursing
City for payment made in excess of actual start-up costs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cot
held on the 19 day of my , 1998 by the following vote, to Wit:
AYES: Council Members Finnila, Nygaard & Hall
NOES: Hall
ABSENT: Council Members Lewis & Kulchin
F;.
CLA’bLDE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
ATTEST:
ALETHA L2Ad.8- L. RAU<NKi$&!,=] ,n
(SEAL)
w e
EXHIBIT "H"
CALIFORNIA ENDANGERED SPECIES ACT PERMIT
#2081-I 998-0-5
9 .b
CALIFORNIA INCIDENTAL TAKE PERMIT
PERMIT NO. 2081-1998-05-5
APPLICANT: City of Carlsbad
PROJECT: Cannon Road Improvement Project
LOCATION: San Diego County
The City of Carlsbad (“Carlsbad”) has applied for authorization to “take,, one or more species
protected by the California Endangered Species Act, California Fish and Game Code $2050, et seq.
(”CESA’) in the course of otherwise lawful activities. The California Department of Fish and Game
(“Depart~nent~~) issues this California Incidental Take Permit (‘Temit7,) pursuant to Fish and Game
Code $208 1 (b).
Carlsbad proposes to construct the Cannon Road Improvement Project, a four-lane major
road connection. The project consists of Reaches 1 and 2, located on the south side of Agua
Hedionda Lagoon in the City of Carlsbad, County of San Diego. (“Project”). The following species
protected under CESA are known to exist at or in the vicinity of the Project and are therefore subject
to incidental take by Carlsbad: the endangered least Bell’s vireo ad the endangered southwestern
willow flycatcher. These listed species are collectively referred to in this Permit as “Listed Species.”
ENVIRONMENTAL ANALYSIS
The Department has reviewed the environmental documents and mitigation measures that
public agencies have prepared or applied as conditions of approval of the Project. These include:
(1) The Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension
Project (“Wetlands Plan”), January 1997, prepared by Tetra Tech, Inc.; (2) Addendum to the
No. 97-20130-TCD and 97-20131-TCD7 October 8, 1997, prepared by the U.S. Fish and Wildlife
Service (‘VSFWS’?); (4) Letter re “Cannon Road, Reaches 1 and 2: Clearing of Riparian Vegetation
and Revegetation Efforts in Macario Canyon: City of Carlsbad, California,” March 16, 1998,
prepared by USFWS; (5) Streambed alteration agreement No. 5-044-97, March 18, 1998, prepared
by the Department.
Wetlands Plan, February 20,1998; (3) Biological Opinion on the Cannon Road (Reaches 1 and 2)
These documents and measures, in combination with additional requirements set forth in this
Permit and the Mitigation Monitoring and Reporting (“MMR”) Program, describe the Project in
detail, identlfy Project impacts on Listed Species, and set forth measures to: (1) avoid take of Listed
Species when avoidance is possible consistent with Carlsbad’s objectives; (2) minimize take of
those species when take cannot be avoided entirely; and (3) fully mitigate the impacts of the taking
of Listed Species.
PROJECT SUMMARY
The Cannon Road Improvement Project is a four-lane major road connection (1.54 miles x
102 feet) between Interstate 5 and El Camino Real effecting 3.32 acres of stream (2.64 acres
1
CESA Permit #2081-1998-05-5
City of Carlsbad
Cannon Road
(I) b
permanent and 0.68 acres temporary impacts), most of which is habitat for the Listed Species. There
are also indirect impacts from vehicle noise and lights once the project becomes operational. The
project consists of Reaches 1 and 2, located on the south side of Agua Hedionda Lagoon in the City
of Carlsbad, San Diego County. Reach 1 includes an approximate 450-foot bridge over Macario
Canyon and its unnamed creek. Reach 2 includes an approximate 130-foot bridge over Agua
Hedionda Creek at El Camino Real. The Project is described in detail in the attachments.
SECTION 2081(b) INCIDENTAL TAKE AUTHORIZATION
Having determined that the measures identified in tlvs Permit satis@ the requirements of
sections 2052.1,2081(b) and 2081(c) of the Fish and Game Code, the Department hereby authorizes
Carlsbad, its employees, contractors and agents to incidentally take Listed Species in carrying out
the Project subject to the following conditions of approval:
1. Carlsbad shall comply with all other federal, state and local laws in carrying out the
project;
2. Carlsbad shall comply with the following measures as set forth in the plans and other
-- All measures identified in the Wetlands Plan and Addendum to the
Wetlands Plan (Attachments 1 and 2); -- Terms and Conditions 1.1 through 1.3, 2.1 through 2.5,3.1 through 3.9,
and 4.1 through 4.4 in the federal Biological Opinion (Attachment
3); and
-- Sections 3 through 6, 10,12 through 31, and 33 of streambed alteration agreement No. 5-044-97 (Attachment 4);
documents attached to this Permit:
3. Carlsbad shall undertake all monitoring and submit all reports specified in the
mitigation monitoring and reporting program (Attachment 5);
4. As specified in this Permit, Carlsbad shall provide the Department with endowment
funds and earned interest on those funds, shall fund outstanding start-up costs for the
Kelly Ranch property, and shall provide security.
If Carlsbad fails to comply with any of the above conditions of approval, the issuance of this Permit
may be rendered null and void retroactively to the date of issuance. This Permit does not authorize
Carlsbad to intentionally take any Listed Species or to take Listed Species as a result of activities
outside the scope of the Project as described in this Permit and its attachments.
KELLY RANCH PROPERTY
The federal Biological Opinion requires Carlsbad to provide $150,000 for an endowment to
fund management of the Kelly Ranch property and also requires Carlsbad to pay outstanding start-up
costs identified in a Property Analysis Record prepared by the Center for Natural Lands Management
for that property. Because the Department is accepting title to the 186-acre Kelly Ranch property,
2
CESA Permit #2081-1998-05-5
City of Carlsbad
Cannon Road
9 b
Carlsbad shdl promptly transfer the required endowment funds and all interest earned on those funds
to the Department after transfer of the property is completed. Furthermore, Carlsbad shall pay
outstanding start-up costs for the property upon receipt of a statement from the Department that
identifies such costs that have not been paid by other parties.
SECURITY
To ensure that Project impacts on the Listed Species are fully mitigated, as required by
section 2081(b), Carlsbad shall post security in an amount sufficient to fund all wetlands restoration
work. The security must be in the form of a pledged savings account or other trust account
acceptable to the Department, or in another form approved by the Department. Carlsbad shall
provide the security prior to commencing any activities with the potential to affect the Listed
Species or prior to any movement of any soil. The Department has calculated the security
requirement for this project at $725,423 (6.34 acres of wetlands x $114,420 per acre), based on
the estimated cost to Carlsbad of wetland creation including grading, installation, irrigation, 5-year
maintenance monitoring, and 5-year least Bell's vireo monitoring. This security is in addition to the
endowment and start-up costs described in the attached documents.
PERMIT REVOCATION OR SUSPENSION
This Permit may be revoked or suspended if Carlsbad fails to comply with the terms and
conditions of the Permit or provides inaccurate or false information to the Department.
TERM OF PERMIT
This Permit shall not be effective until Carlsbad signs the acknowledgment below and returns
the signed acknowledgment to the Department; this Permit shall expire five (5) years after the date
issued. Carlsbad may apply for renewal of this Permit prior to the Permit's expiration. In applying
for renewal, Carlsbad must comply with Department rules, procedures and fees that are in effect at
the time Carlsbad seeks to renew this Permit.
ASSIGNMENT AND TRANSFER
This Permit shall not be assigned or transferred without the written consent of the
Department, except that this Permit may be assigned or transferred without Department approval,
but upon written notice to the Department, when the assignment or transfer is: (1) Part of a sale,
merger, annexation, consolidation or other acquisition of Carlsbad by another entity; or (2) To secure
similar instrument.
CEQA REVIEW
a debt under the provision of any mortgage, deed of trust, indenture, bank credit agreement, or
Carlsbad prepared a Mitigated Negative Declaration for the Project and certified that
document on November 25,1997.
CESA Permit #2081-1998-05-5
City of Carlsbad 3 Cannon Road
e @
COMPLIANCE WITH OTHER LAWS
This Permit contains the Department's requirements for the Project pursuant to CESA and
does not create an entitlement to proceed with the Project. Carlsbad is responsible for complying
with all other applicable state, federal and local laws. Failure to comply with all'other applicable
laws may void the incidental take authorization in this Permit.
NOTICES
All notices and other communications that are required to be in writing shall be delivered
personally, by courier, by telecopy with confirmation provided, or by first-class or certified mail,
return receipt requested. Notices or transmittals shall be deemed delivered upon the earlier of actual
receipt or three days after posting by certified mail, if delivered to the following addresses or such
other addresses as may subsequently be provided by the Department or Carlsbad in writing:
CARLSBAD Attn: Public Works Director
Mayor
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DEPARTMENT General Counsel
Legal Affairs Division
California Department of Fish and Game
1416 Ninth Street, Twelfth Floor
Sacramento, California 95814
With a copy to: Regional Manager
California Department of Fish and Game
330 Golden Shore Suite 50
Long Beach, California 90802
ATTACHMENTS
This Permit includes and incorporates the following:
ATTACHMENT 1 Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the
Cannon Road Extension Project
ATTACHMENT 2 Addendum to Conceptual Mitigation Plan for Cannon Road
Extension Project Reaches 1 and 2
CESA Permit #'2081-1998-05-5
City of Carlsbad Cannon Road 4
I) e
ATTACHMENT 3 Biological Opinion on the Cannon Road (Reaches 1 and 2) Permit
Application No. 97-20130-TCD and 97-20131-TCD, City of
Carlsbad, California (1-6-97-F-5 1)
ATTACHMENT 4 Streambed Alteration Agreement 5-044-97
ATTACHMENT 5 Mitigation Monitoring and Reporting Program
ATTACHMENT 6 CEQA Findings
ATTACHMENT 7 Habitat Management Lands Acquisition Checklist
ISSUED BY THE DEPARTMENT OF FISH AND GAME on s+. 3 ,1998:
BY Td&X,DCa Ronald Rempel, Regional\ Manager -me
Region 5
Long Beach, California
-acww
ACKNOWLEDGMENT
ges receipt of this permit and, by signing, accepts
and ag ltions contained therein.
By: y bf p/y2/Lfg
Title; (~&t!d~d&'~,f Lewik w@ J Date: September 30, 1998
NOTE: THIS PERMIT WILL NOT BE EFFECTIVE UNTIL THE APPLICANT SIGNS THE
ACKNOWLEDGMENT AND RETURNS AN ORIGINAL TO THE DEPARTMENT OF FISH AND GAME.
CESA Permit #2081-19985 City of Cads1 5 Cannon RI
x
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his>, ,- k cd;;Ep$y-=”J
lhL t i,‘ @tJr II
-P FISH a ~AME NG BEACH, CA
Conceptual Wetlands Mitigation Plan ’ .
for Reaches 1, sand 2 of the
Cannon Road Extension Project
-. ..”
January 199’7
Prepared for:
City of Carlsbad
2075 Las Pahas Drive
Carlsbad, California 92009-1576
I Prepared by:
Tetra Tech, Inc. - 591 Camino de la Reina, Suite 640
c San Diego, California 92108
I c
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Conceptual Mitigation PLan for Reaches I and 2
TABLE OF CONTENTS
1.0 INTRODUCTION ........................................... 1
1.1 PROJECT DESCRIPTION ................................. 1
1.1.1 Location of the Project ................................ 1
1.1.2 Overail Project Summary .............................. 4
1.1.3 Responsible Parties .................................. .. 5
1.1.4 Jurisidictional Areas to be Filled by Habitat Type .............. 5
1.1.5 Types. Functions. and Values of the Jurisdictional Areas to be
. Directly or Indirectly Impacted .......................... 6
2.0 GOAL OF MITIGATION ...................................... 10
2. ! TYPE OF HABITAT TO BE CREATED/ENHANCED ............. 10
2.2 FUNCTIONS AND VALUES OF HABITAT TO BE CREATED ....... 10
2.3 TIMELAPSE ........................................ 10
2.4 ESTIMATEDCOST .................................... 10
3.0 FINAL SUCCESS CRITERIA .................................. 10
3.1 TARGET FUNCTIONS AND VALUES ....................... 12
3.2 TARGET HYDROLOGICAL REGME ....................... 12
3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED/
ENI3[ANCED ......................................... 15
4.0 THE PROPOSED MITIGATION SITE ............................. 15
4.1 LOCATION OF THE MITIGATION AREA ..................... 15
4.2 OWNERSHIP STATUS .................................. 17
4.3 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION MA . 17
4.4 PRESENT AND PROPOSED USES OF THE MITIGATION AREA ..... 17
4.5 ZONING' ........................................... 18
. 5.0 IMPLEMENTATION PLAN ................................... 18
5.1 FUTIaNALE FOR EXPECTING IMPLEMENTATION SUCCESS ..... 18
5.2 RESPONSIBLE PARTIES ................................ 20
5.3 SCHEDULE ......................................... 20
5.4 SITEPREPARATION .................................... 20
5.5 PLANTING PLAN ..................................... 21
5.6 IRRIGATION PLAN .................................... 25
5.7 AS-BUILT CONDITIONS ................................. 26 .
v
Cannon Road Extension Project City of Carlsbad. Cali!! onria
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Conceptual Mitigation Plan for Reaches I and 2
6.0 MAINTENANCE DURING.MONITORING PERIOD ................... 26
6.1 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL ..... 26
6.2 WEED CONTROL ..................................... 26
6.3 PRUNING AND STAKING ............................... 27
6.4 EROSION CONTROL .................................... 27
6.5 SITE ACCESS ........................................ 27
6.6 COWBIRD TRAPPING .................................. 28
7.0 MONITORING PROGRAM .................................... 28
7.1 HORTICULTURAL MONITORING ......................... 28
7.2 BOTANICAL MONITORING .............................. 29
7.3 REPORT~G ......................................... 29
8.0 COMPLETION OF MITIGATION ................................ 30
8.1 NOTIFICATION OF COMPLETION ......................... 30
8.2 CORPS CONFIRMATION ................................. 30
9.0 CONTINGENCY MEASURES .................................. 30
9.1 INITIATINGPROCEDURES .............................. 30
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION ~ . ~ 30
9.3 FUNDING MECHANISMS ............................... 31
9.4 RESPONSIBLE PARTIES ................................ 31
10.0 REFERENCES ............................................ 31
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Cannon Road Extension Pmject City of Carlsbad. CaIifomia
ii
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Conceptual Mitigation PIan for Reaches 1 and 2
List of Figures
Figure 1 Regional Map ......................................... 2
Figure 2 Vicinity Map ........................................... 3
Figure 3 Proposed Mitigation Site, Macario Canyon ...................... 16
Figure 4 Riparian Planting Design ................................. 23
Plate .1 Proposed Mitigation Sites, Macario Canyon (west view) .......... Pocket
Figure 5 Conceptual Marsh Planting Design ............................... 24
List of Tables
Table 3.1 Project Success Standards and. Measures to be Taken if the .Standard is
Table 3.2 Plant Species Recommended for Cannon Road-Reaches 1 and 2 Willow
NotMet ............................................. 11
Scrub Revegetation Site at Macario Canyon, Carlsbad .............. 13
Revegetation Site at Macario Canyon, Carlsbad ................... 14
Table 5.1 Soil Salinity Test Results ................................. 19
Table 3,3. Plant Species Recommended for Cannon Road-Raches 1 and 2 Marsh
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Cannon Road Extension Project Ciiy of Cadsbad, CrJifomia ... I11
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Conceptual Mitigalion Ph for Reaches I and 2
1.0 INTRODUCTION
This conceptual mitigation plan identifies measures to offset impacts to wetland and riparian
resources that would result from the construction of Cannon Road Reaches 1 and 2. The project
site and proposed mitigation area are located in the City of Carlsbad in San Diego County,
California (Figure 1). This pian will be utilized to address the conceptual design with the resource
agencies, and to assist and guide future designers in final plan implementation.
The mitigation measures described herein are designed to fulfill the requirements of existing
project permits including:
U. S. Army Corps of Engineers (ACOE) Permit Number 92-194 EW;
U. S. Fish and Wildlife Service (VSFWS) Biologica: Spinion 1-6-92-F-34
(07 April 1992);
California Department of Fish and Game (CDFG) Streambed Alteration Agreement
Notification No. 5-273-89; and
. California Coastal Commission (CCC) Permit No. 6-89-195.
Affected waters and wetlands occur in and adjacent to an unnamed water course in Macario
Canyon and Agua Hedionda Creek. These streams flow into the Agua Hedionda Lagoon within
one-half mile of the affected areas. The proposed mitigation site is located in Macario Canyon.
This plan is designed to satisfy the requirements of the CDFG, USFWS, ACOE, and CCC.
Impacts (both temporary and permanent) to native habitat due to bridge construction would be
mitigated at a 1 : 1 ratio for all wetland impacts. This ratio is a guideline set by the ACOE for
mitigation prior to impact. Concurrence of both the CDFG and the CCC must be obtained if this
ratio is used to mitigate project related impacts. These agencies have verbally indicated that the
1: 1 mitigation ratio would be acceptable if accomplished prior to construction.
1.1 PROJECT DESCRIPTION
1.1.1 Location of the Project
Reach 1 of Cannon Road would be located south of Agua Hedionda Lagoon between 1-5 on the
west and the proposed route of Faraday Avenue east of Macario Canyon (Figures 1 and 2). From
its interchange with 1-5, existing Cannon Road m. east about 1 ,OOO feet ending at Car Country
Drive. -
-
Cannon Road &tension hject clity of Msbad, Califoonria .
1
_. . -.. "
TETRA TECH INC. 1 . Nowe Figure 1
.. . -._ % ....., .-
2
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-
In]- ' f@ Vicinity Map
TETRA TECH INC. No Scale
i Figurs 2
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Conceptual Mitigation Ph for Reaches 1 and 2
1.1.2 Overall Project Summary
The proposed Reach 1 of Cannon Road would extend from Car Country Drive onto the mesa
above Agua Hedionda Lagoon and traverse Macario Canyon near its confluence with the lagoon
basin. Reach 1 of Cannon Road is proposed to cross Macario Canyon on a bridge and temiinate
on the eastern canyon rim. Reach 1 was the subject of an EIR certified on June 27, 1989.
Permits from resource agencies were obtained and are listed in Section 1.0, Introduction.
The proposed Reach 2 of Cannon Road begins on the eastern edge of Macario Canyon and travels
northeasterly to the intersection with El Camino Real. The project area is bounded by El Camino
Real to the north, College Avenue to the east, and Palomar Airport Road to the south (Figure 2).
Reach 2 of Cannon Road was originally analyzed under the .development proposal of the Kelly
Ranch Environmental Impact Report (EIR). Permits from the resource agencies were obtained
for that project in the middle to late 1980s and have since expired or are in suspense.
Portions of the Kelly Ranch project were constructed, including grading for the alignment of
Cannon Road Reach 2. The width of the proposed Cannon Road Reach 2 was cleared, graded,
Cannon Road right-of-way, a surcharge and a temporary berm were placed on top of the intended
future road. The current proposed project would finish the intended grading (which would include
the removal of the surcharge and the berm), resulting in the ultimate construction of the road.
The Cannon Road Reach 2 project will generally be constructed according to the original grading
and design plans with two exceptions. A slight modification has been made in the turn radius and
the bridge would be 10 feet wider than originally planned.
This plan mitigates impacts from the current Reach 2 project. Impacts associated with the Kelly
Ranch project have been mitigated.
The proposed intersection alignment is at the eastern end of the project site and would connect
Cannon Road to El Camino Real. This requires the consmction of a bridge over Agua Hedionda
Creek, and is the preferred alignment as shown on the original grading plans.
and all improvements for drainages, including desiltation basins, were completed. Withm the
The entire length of the proposed Cannon Road is with the City of Carisbad. Cannon Road is
included in the Carlsbad General Plan Circulation Element as a four-lane major arterial. The site
is also in the portion of the California Coastal Zone in the Agua Hedjonda Land Use Plan,
adopted. in 1982 as part of the City of Carlsbad Local Coastal Pro&=.
A
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Cannon Road Extension Project C@ of Carlsbd, California
4
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Conceptual Mitigation Plan for Reaches I and 2
1.1.3 Responsibie Parties
Applicant: City of Carlsbad
Address: 2075 Las Palmas Drive
Carlsbad, California 92009- 1576
Contact: Ms. Sherri Howard, Associate Engineer
Preparer: Tetra Tech, Inc.
Address: 591 Camino de la Reina, Suite '640
San Diego, California 92108
1.1.4 Jurisdictional Areas to be Directly Impacted by Habitat Type
The following jurisdictional areas would be directly impacted by the Cannon Road project:
W Southem willow scrub '. \. ,.i
a- .
Reach 1
Reach 2
2.48 acres ,+(, L, I \dL ' 2, ::ti .. /
0.16 acre - 5.01
9.5% ,13 - -32
W
- Brackish marsh '$lJ \d%Y
Reach 1 0.10 acre '\ s c;
72
-7
I 4.
!. ' ~ cb 5 L< !"tj"~ <\ ..
W Disturbed riparian scrub
Reach 2 0.13 acre
1 Operiwater
Reach 2 0.14 acre
Total 3.01 acres
Indirect impacts from noise would be mitigated by erected sound barriers.
..
4
e
Cannon Road Extension Project Czty of Cadsbad, California
5
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Conceptual Mitigation Plan for Reaches 1 and 2
1.1.5 Types, Functions, and Vdu& of the Jurisdictional Areas to be Directly or Indirectly
Impacted
Type
The existing plant communities identified within the project area include open water, brackish
marsh, disturbed riparian scrub, and southern willow scrub. The southern willow scrub onsite
OCCUTS along.Macario Canyon Creek and Agua Hedionda Creek. Common native species include
arroyo willow (Salk iasiolepis), black willow (Salk goodingir'), and mulefat (Baccharis
saiicifolia). This habitat is primarily found in loose, sandy, or fine gravely alluvium deposited
near stream channels.
Brackish marsh occurs in areas which support both saltmarsh and freshwater plant species, and
therefore, is often found at the mouth of canyo= zcar lagoons. Common native species within
this habitat include pickleweed (&licomia virginica), brassbuttons (Cotuia coronop@olia), sedge
(Carex sp.), rush (.?uncus sp.), cattail (Typha sp.), and salt-grass (Distichiis spicata).
The disturbed riparian scrub onsite is dominated by mulefat, coastal isocoma (Isocoma veneta),
and coyote bush (Baccharis piluiaris). This habitat occurs within the study area in the large basin
at the western end of the project and at the eastern end of the project on the north side of the
creek. The desiltation basin is located outside the right-of-way and appears to be maintained, The
habitat in this area consists of relatively young growth and the soil shows evidence of recent
plowing. The disturbed riparian scrub habitat at the eastern end of the site is located within the
right-of-way between the creek and El Camino Real. This habitat is poorly developed and is
dominated by mulefat and coastal isocoma.
Open water and sandy wash occurs where Cannon Road would cross Agua Hedionda Creek.
Open water habitat does not have emergent vegetation, but may have plants -that float on the
surface or are submerged.
Functions and Values
The primary function of the waters in the area is the transport of surface and groundwater flows
from the watershed to Agua Hedionda Lagoon. Associated functions and values are discussed in
this section with emphasis on the habitat functions that depend on these waters.
Functions and values of the existing southern willow scrub, brackish marsh, disturbed riparian
scrub and open water habitats include contributions to local water quality, wildlife habitat,
recreational uses, and public access. A qualitative assessment of functions and values is presented
in this sectim.
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Cannon Road fitension Project C$y of -bad, California
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Conceptual Mitigation Plan for Reaches 1 hnd 2
A study of soils and groundwater associated with the proposed mitigation site in Macario Canyon
was conducted by Woodward-Clyde Consultants (1990). The affected waters and wetlands on
Reach 1 are located downstream and within approximately 1,100 feet of the Woodward-Clyde
study area. Groundwater attributes of the affected area and mitigation site are expected to be
similar. In June 1990, groundwater was located within 5 to 13 feet of the ground surface. The
elevation above mean sea level (AMSL) of these observations are 16 feet, 17 feet, and 20 feet.
The report concludes that the water table occurred at 16 feet to 17 feet .AMSL. The location
where the depth-to-groundwater is approximately 5 feet is located adjacent to the existing channel.
It was indicated that this may represent a local perched water zone.
Nonquantitative observations of the surface water flow in M&o Canyon made by Tetra Tech
during the spring and early summer of 1996 indicate that water flows in this stream during the
early summer. It is likely that these waters and wetlands are supplied by groundwater discharge
durk; the dry season. During the wet season these areas probably function as a recharge zone
when over bank flows OCCUT. The similar topographic position and elevation suggest that affected
waters and wetlands on Reich 2 have similar characteristics.
Wetlands and riparian habitat provides nutrient removal and transformation functions. The
affected areas are lwated downstream of agricultural fields used for the production of peppers
during 1996. Inspection of an aerial photograph (Aerial Fotobank 1995) and orthophoto mapping
from 1988 (City of Carlsbad 1991) indicate that these fields have been cropped for at least the
previous 9 years. The application of fertilizers to these cropped areas likely results in the
trimportation of leached nutrients into the stream. In addition, nutrients from natural and non-
agricultural manmade sources are expected to enter the affiected stream and groundwater systems.
While .the relatively small extent of the affected habitats may limit the quantity of nutrients
removed or transformed, they are expected to contribute to enhanced water quality and nutrient
resources both within the stream system and in Agua Hedionda Lagoon.
The affected southern willow scrub and disturbed riparian scrub habitat modify flood flows by
increasing the roughness coefficient. This reduces flow velocity and may result in the spreading
of high flow waters and the increase of surface area where recharge can take place. Marsh
- vegetation is less resistant to flows and probably has. less effect on the velocity and distribution
of flood flows.
Crosby , Mead, Benton & Associates (1990) conducted a Sediientation Basin Analysis for
Reach 1 of Macario Canyon. They estimated that approximately 1.93 tons of fine- and .
medium-textured sand and 0.82 tons of silt are eroded each year from the shrub covered hills of
Marcario Canyon. They suggest that most of this is transported through the canyon and deposited
in the upper reaches of Agua Hedionda Lagm-n. They further suggest that construction of
roadways and embankments at the mouth of the lagoon have impeded the movement of sediment
into the Pacific Ocean. -
Cannon Road fitension' Project Ciiy of CMsbad, Caiifomia
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Conceptual Mitigation Plan for Reaches I and 2
Where the velocity of flowing water is reduced, sedimentation generally increases. Deposited
sediments are "banked" until resuspended and transported away fiom the site. The binding action
of the roots of southern willow scrub vegetation is expected to enhance sediment stabilization
where this habitat occurs. Marsh habitat also binds sediment with a substantial root system and
may increase sediment deposition during low to maderate flows. The transportation of sediments
into Agua Hedionda Lagoon is in part controlled by these riparian habitat functions. Sediments
also provide substrate for riparian and wetland vegetation along the unnamed stream.
The value of the affected habitat for moderation of stream transported sdhcntation 10 Agua
Hdionda Lagoon is rated as low to moderate due to the small size of the affected area. The high
value of the lagoon habitat is the primary reason for including the moderate designation. The
relatively small amount of sediment that is deposited within the unnamed creek and its adjacent
floodplain is of high value in the context of the riparian community.
Both southern willow scrub and marsh vegetation shade water that flows through them and may
moderate or reduce water temperatures. Water temperature is an impoaant habitat characteristic for aquatic fauna. Faber, et. al(1989) indicates that water temperature affects numerous stream
functions including processing of organic matter, chemical reactions and concentrations, 'metabolic
rates of stream invertebrates, .and cues for life-cycle events. Shading may prevent summer water
temperatures from reaching lethal levels for fish and invertebrates. Stream shading by the affected
hzbizs is Chefme zpxsted to enhance habitat characteristics for both in-stream and benthic
fauna.
The value of stream shading provided by the affected habitat is considered high for the reaches
of Macario Canyon and Agua Hedionda Creek between the project area and Agua Hedionda
Lagoon. The large volume of water in Agua Hedionda Lagooh is 'likely to greatly dilute the
thermal contribution of this stream and, in this context, stream shading is expected to have a low
value.
..
Habitat
. The affected waters and wetlands also provide habitat functions and values for wildlife.
Potentially affected wildlife includes two species listed as endangered by the USFWS.
Least Bell's vireo (Vireo belli pusiZZus), occurs in the affected southem willow scrub habitat within
Reach 1. .This species is dependent on riparian forest, woodland, and scrub habitats in southern
California. Two male southwest willow flycatchers (Empidom'traiZlii artimus) were observed
in adjacent southern willow scrub habitat on June 7, 1996. These birds were not observed on a
subsequent survey (June 21, 1996) and were probably moving through the area. Southwest willow
flycatchers may occasionally use the affected southern willow scrub habitat. No other species
listed as threatened or endangered by the USFWS are known to occur in the afFected reach. Least -
Cannon Road &tension Project' .C. of Wbad, California
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C0ncepfm.l Mifigdon Phn for Reaches 1 nnd 2
Bell’s vireo and southwestern willow flycatchers have not been observed in the affected reach of
Agua Hedionda Creek. However, one least Bell’s vireo was observed within the willow woodland
habitat of Agua Hedionda creek adjacent to the study area and right-of-way in July 1995.
Other bird species observed during least Bell’s Vireo surveys conducted in Macario Canyon
include snowy egret (Egretta thula), great blue heron (Ardea herodias), Nuttall’s woodpecker
(Picoides nuttaZZib, common yellowthroat (Geothlypos trichas), black-headed. grosbeak
(Pheucticus ‘melanocephalus), brown-headed cowbird (Molothrus ater), and others. Mammals
detected in the study area include coyote (Canis lattans), Cdifomia ground squirrel (Spennophilus
beecheyo, and raccoon (Procyon lotor). It is anticipated that several rodent species also occur in
these habitats.
The only aquatic species known to use these habitats is the mosquito fish (Gbmbzuia aflnis). It
is expected that several amphibians and numerous invertebrates occur in the affected waters and
wetlands.
Due to the presence of least Bell’s vireo, the affected habitat is considered to have high value.
In addition, the relatively high number of species observed during field surveys indicates the
affected habitat is a factor in maintaining local species diversity. This also contributes to the
rating of high habitat value.
Currently, the riparian area in Macario Canyon is used as habitation by transients and agricultural
WUK~CHS. Human habitation of the affected area probably reduces ‘the ability of the canyon’s
riparian zone and wetlands to provide habitat for wildliie. Therefore, the affected area’s full value
as wildIife habitat is not expressed.
These hydrologic and biologic functions occur in the regional context of coastal southem
California and within the watershed of Agua Hedionda Lagoon. The waters and wetlands of the
project area condition water flows, sediment movement, and nutrients and affect the quality of
water that eventually enters the lagoon. The waters, habitats, and wildlife of Agua Hedionda
Lagoon represent regionally important resources. While the total affected acreage (3.01 acres)
is relatively small compared to the watershed of the lagoon, these functions contribute
proportionately to the Lagoon ecosystem.
Recreationai Use/Public Access
The affected waters and wetlands provide the public with limited recreational opportunities.
Birding and walking activities probably occur, but data is not available to determine the level of .
use, Off-road vehicle use was frequently observed within the Macario Canyon study area. The
presence of human habitation may reduce public access and recreation opportunities.
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Cannon Road Exfension Pqject City of carlsbad, California
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Conceptual Mitigation Plan for Reaches I and 2
No hunting, fishing, or other consumptive uses are known to OCCUT within the affected waters and
wetlands. A moderate value level is assigned to the recreationai uses/public access functions of
the site.
2.0 GOAL OF MITIGATION
This section addresses the type of habitat to. be created andor enhanced, functions and values of
these habitats, estimated time lapse, and estimated cost. Since this mitigation plan is MaCn'at
the conceptual level, time lapse and estimated cost components of the analysis are treated at a
general level.
2.1 TYPE OF HABITAT TO BE CREA"IXD/ENHANCED
The mitigation effort would result in the creation of southern willw scrub habitat suitable for
least Bell's vireo and marsh habitat.
2.2 FUNCTIONS AND VALUES OF HABITAT TO BE CREATED
The functions and values associated with the created habitat are expected to be similar to those
describe in Section 1.1.5.
2.3 TIME LAPSE
The mitigation effort would be implemented prior to construction of the project. The desired
lapse between the impact and mitigation.
2.4 ESTIMATED COST
This report is meant to guide the project engineers and landscape architect in the preparation of
a detailed mitigation plan that will include earthwork estimates, detailed planting plans, and other
- project components that significantly affect cost. However, the City has made a preliminary
estimate of $250,000 per acre plus land costs.
3.0 F'INAL SUCCESS CRITERIA
rimeframe fur establishment of the creared habitat is 1 year. Therefore, there would be no time
The final success criteria are presented in Table 3-1. The revegetation plan was developed as
mitigation to restore comparable or increased biological habitat for habitats lost during
construction. The revegetation concept and this report were prepared to comply with the
regulatory conditions set forth by the ACOE, CDFG, and the CCC. The USFWS has indicated
that meeting the criteria presented in Table 3-1 or detecting Occupance of the southern willow -
Cannon Road Extension Project City of Cadsbad, California
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Conceptual Mitigation Plan for Reaches I and 2
scrub habitat by least Bell's vireo will satisfy their concerns for project mitigation (US. Fish and
Wildlife Service 1992).
Table 3-1
Project Success Standards and Measures to be
Taken if the Standard is Not Met
Standard Measure if Standard Not Met
70% groundcover (visual estimate) based on hydroseed
development
Establishment of all species planted
80% healthy container tree pktings
80% survival of tree planthgs'
80% survival of remaining shrub plantings'
Height standards met for all trees
..
Cottonwoods 10 feet
Sycamore 9 feet
Willows 11 feet
Mulefat, sandbar willow, elderberry 6 feet
95 % survival of tree plantings'
80% survival of shrub plantings'
80% groundcover by all species
Canopy cover standards met for trees and shrubs
Reseedreplant
Reseedheplant. Substitutions possible
Replace with same species/size
Repiant
Replant
Replant or receive remedial
measures. substitutions possible
Replant
Repla
Additional seed or container plantings
as recommended by revegetation
designer .
Replant or receive remedial
measures, substitutions possible
v Cover Stan&&
Willow riparian woodland 80 %
Brackish marsh 80%
Notes: 'At the discretion of the ACOE. dad container plants can be mitigated for by naturally invading seedlings.
'Mean height in feet. W canopy covers given in percentages. ..
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Cannon Road Extension Project City of Cadsbad, California
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Conceptual Mitigation Plan for Reaches I and 2
3.1 TARGET IFUNCTIONS AND VALUES
It is anticipated that those functions and values described in Section 1.1.5 will be substantially reproduced by the created habitat. The proposed plant palettes provide opportunities for a higher
diversity of riparian trees and shrubs than currently occur in the affected habitats.
Southern willow scrub is an early successional phase of more complex riparian woodlands and
forests (Holland 1986). This vegetation type generally becomes established after sever scouring
(Faber et. a1 1989). During its first 15 to 20 years of growth, it may have a lower species
diversity than more successionally advanced riparian woodlands. The plant palette for this target
vegetation includes tree, shrub, and understory species that are anticipated to provide resources
not available in the affected wetiands (Table 3-2). The inclusion of taller growing trees is
expected to produce habitat with enhanced structural diversity. As succession proceeds, this
habitat is expected to become southern cottonwood willow riparian forest.
The planting pallet for marsh vegetation is also designed to enhance plant species diversity in the
target vegetation relative to the affected habitat (Table 3-3). This may be accomplished by
planting recommended species in the plant palette at appropriate locations relative to the
inundation level. For example, mule fat is best planted at the edge of the target marsh habitat
rather than in deeper water where cattail and bulrush are expected to become the dominant
species. Since the salinity of both soils and water on ,the proposed mitigation area vary with
location, the plant palette has been designed to include species that tolerate a wide range of
salinites.
The mitigation plan will integrate southem willow scrub and marsh plantings to provide adjacent
edges. Edge habitats are expected to have higher structural diversity and provide additional
opportunities for wildlife species.
evenu create the open, moist, mineral-based substrate typically required for willow ge&nat;on
. 3.2 TARGET HYDROLOGICAL REGIME
The target hydrological regime is similar to that present on the affected areas. The majority of
the hydrological functions are generated at the scale of the unnamed streams watershed rather than
within the proposed mitigation area. The source of water will remain SeaSOMl runoff and
groundwater discharge. Seasonal flooding will occw at similar rates and periodicities. The flow
direction will remain substantially the same and the size of the watershed is not expected to, change
significantly. Water quality and sediment transport functions are also expected to be similar to
the affected habitats.
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Cannon Road Extension Project City of Carisbad, California
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Conceptual Miiigaiion Ph for Reaches 1 ivld 2
Table 3-2
Plant Species Recommended for Cannon Road-Reaches 1 and 2
Willow Scrub Revegetation Site at Macario Canyon, Carisbad
No. Per Acre or
Scientific Name Common Name Container Size Pounds Per Acre
Willow Riparian Woodland
Salir goodingii Black Willow 1 gd 250
Salk lasiolepis Arroyo Willow 1 gd 250
Populu;- fremontii Fremont Cottonwood 1 gal 16
PIntanur racemosa
Baccharis salicifolia
Sdix euigua
Subtotal PlantsIAcre
Western Sycamore 5gal 16
Mulefat 1 gd 335
Sandbar Willow 1 gal 2.22
947
Rosa califomica Wild Rose lgal 30
Sambucus mw'cana Mexican Elderberry 1 gal 50
Vitis girdiana Wild Grape 1 gd 10
Rubus ursinus California Blackberry 1 gal 30
Ribes indecorum Winter Current 1 gal ut
Subtotal PlantsIAcre la
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TOTAL PLANTWACRE u222 -
Anemopsis calvomka Yerba mansa 2 lbs*
Ariemisia doughiana Mugwort 2 lbs
Artemisia dracunculus Tarragon 2 lbs
Cotula coronopifolia Brass Buttons 1 Ibs
Melibtus officinalis Yellow Sweet Clover 4 Ibs
PhChea &Tnt61 March Fleabane 2 lbs
Solidago caivornica California Goldenrod 2 Ibs
Festuca megalura Foxtail fescue 3 lbs
Notes: *Pounds per acre should be confirmed with the native seed nursery. Pounds may vary based on viabdity of that particular
crop.
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Cannon Road Extension Project City of Carlsbad, Calqomia '
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Concepmd Mitigcrtion Plan for Reaches 1 and 2
Table 3-3
Plant Species Recommended for Cannon Road-Reaches 1 and 2
Marsh Revegetation Site at Macario Canyon, Carlsbad
No. Per Acre or
Scientific Name Common Name Container Size Pounds Per Acre
Brackish Marsh
Juncrcs acutrcs
Pluchea &rata
Anempsis cal~onu'ca
Salicomia subterminalis
Frankenia salina
Baccharis saiicijoiia
Hymemclea monogyra
TOTAL PLANTS/ACRE
LJvdroseed Mix
Jmus scums
Scirpus calijornica
Anemisia dougksiana
Cornla coronopifolia
Solidago californica
TYPh SP-
TOTAL POUNDS SEEINACRE
Spiky rush
Marsh fleabane
Yerba mama
Glasswort
Alkati heath
MuleEat
Hymenociea
Southwestern Spiny Rush
Bulrush
Mugwort
Brass Buttons
California Goldenrod
Cattail
1 gal
1 gal
4 inch
4 inch.
1 gal
i gal
1 gal
1 gal
1 gd
4 inch
100 . .
300
100
300
100
3%
100
100
31
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1,362
3 lbs
5 lbs
2 lbs
I Ib
2 Ibs
23s
10
Hydrologic factors partially controlled by the design of the mitigation area include duration,
periodicity, and depth of ponding and flooding. These factors are controlled in part by the
elevation of the site relative to the thalweg of the stream. Relatively low areas are characterized
by deeper waters that may remain inundated longer when flooding opxrs. Periodicity of flooding
may be higher in low areas. Relatively high areas have a shorter duration, less frequent, and
shallower flooding. The target hydrological conditions are those created by approximating the
conditions existing in the affected habitat.
An additional hydrologic function that can be influenced by project design is the depth to groundwater (DTG). The ACOE (1990) has indicated that the optimal DTG for willows and -
Cannon Road Extension Project Cily of carisbad, California
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Concepacal Mitigation Pian for Reaches 1 and 2
cottonwoods is thought .not to exceed 6 feet. Mule fat grows where DTG is between 0 and
10 feet. Therefore, the grading plans will specify these DTGs for areas planted with riparian trees
and shrubs.
Dominant marsh plants are emergent wetland species and require saturated or inundated soils year
around. The marsh. area will be designed to have standing surface water year around. Therefore,
the &idkg plans Will Specify that Z&% phed to marsh vegetation must have groundwater at the
. surface which gradually grades into standing water approximately 3 feet deep.
The preferred DTG or depth of inundation for the dominant plant species will be an important
factor in determining the final elevation of grading in the target habitats. The marsh habitat
should have a depth of no greater than 3 feet and should slope gradually upward toward the edge.
This will provide the variety of inundation depths required for the recommended species in the
plant palette.
Since DTG and depth of inundation are expected to be the most crucial factor for the long term
survival of the target vegetation, they should be given preference over considerations of duration,
periodicity, and depth of flooding.
3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED/ENHANCED
The target jurisdictional acreage for this mitigation plan is as follows:
..
8- Southern willow scrub 2.91 acres
Marsh QJux!L
Total 3.01 acres
The mitigation effort will also remove pampas grass (Cumderia jrrbhata) from 28 acres of existing
wetland habitat in Macario Canyon. This is expected to allow the reestablishment of native
riparian and wetland flora. As .native plant species regain dominance, habitat values for wildlife
are expected to improve.
4.0 THE PROPOSED MITIGATION SITE
4.1 LOCATION OF THE MWIGATION 'AREA
The proposed mitigation site is located in Marcario Canyon approx~ael) 1,lOO fat upstream
of the affected waters and wetlands (Figure 3 and Plate 1). This site Was chosen because it is
close to the impacted area, requires relatively little grading, has surface contours that can be
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Cannon Road Extension Project Ciiy of Gdsbad, California
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I LEGEND -1 - Proposed Mitigation Site
Proposed Marsh Area - " SDG&E Wires .
IC= - 20' Gas Easement Per RBF
0 6 Soil Sample Sites
I-rt)' @-
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. Proposed Mitigation Sites
Macario Canyor;
Figure 3 0 TETRA TECH INC. II
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Conceptual Mirigation Plan for Reaches 1 and 2
modified to take advantage of existing groundwater and surface water hydrology, and is on land
currently owned by the City of Carlsbad.
4.2 O'WNERSHIP STATUS
The City of Carfsbad currently owu the proposed mitigation site and lands adjacent to it. The
mitigation area will remain in the ownership of the City of Carlsbad following completion of the
project. Long-term protection and management of the site will remain the responsibility of the
City of Carlsbad.
Known water flows to and from the site are the result of local runoff, agricultural tailwaters, and
possibly urban runoff from streets and developed areas within the watershed. These flows are not
currently controlled.
Permission to access the site may be obtained from the City of Carlsbad.
4.3 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION AREA
The proposed mitigation. area was selected from several candidate areas in Macario Canyon
(Figure 3). This area-is large enough to accommodate the 3.01 acres of proposed mitigation. The
existing functions associated with the proposed mitigation area are dominated by the site's upland
nature and current land use. The habitat is characterized by agricultural fields of annual row
crops on gentle slopes. These slopes contribute surface runoff to the stream and percolation of
Surface water into the groundwater suppiy . They may also tramport runoff from adjacent portions
of the agricultural fields. Nutrients may also be transported to the stream system in the form of
fertilizer salts. Habitat functions currently occurring on the proposed site include foraging by
species capable of using agricultural fields.
The value of these functions to wildlife is relatively low. The potential for this habitat to serve as
a source of fertilizer salts and pesticides further reduces its habitat value. The site's value as
agricultural production is. limited by its small size.
4.4 PIWWT AND PROPOSED USES OF THE MITIGATION AREA
The proposed use of this area is mitigation for the Cannon Road Wetland Mitigation Project. The
present use of the mitigation area is agricultural production, h& habitation, and watershed.
A gas trbmission pipeline owned by San Diego Gas And Ele&ic (SDG&E) crosses Marcario
Canyon in the vicinity of the site. The pipeline is adjacent to the area (Figure 3). The majority
of the area is far enough from the pipeline to avoid potential land use conflicts. A shooting range
is located upstream. -
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Cannon Road Extension Project Ciiy of Carlsbad, California
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Conceptual Mitigation Plan for Reaches 2 and 2
All adjacent areas are owned by the City of Carlsbad. The existing uses include agricultural
production on the slopes northeast of the proposed site. The slopes southwest of the site are
currently used as habitat and watershed. Several dirt-surfaced roads traverse the area.
Recreational use occurs on these roads. SDG&E has existing right-of-ways for a gas transmission
pipeline and electrical transmission lines on adjacent lands.
Proposed uses for areas adjacent to the site include a park and golf course on the slopes currently
in ' agricultural production. 'The proposed Cannon Road would cross Marcario Canyon
approximately 1,100 feet northwest of the site (Figure 3 and Plate 1).
4.5 . ZONING
Lands on and adjacent to the proposed mitigation site are zoned as open space.
5.0 IMPLEMENTATION PLAN
5.1 RATIONALE FOR EXPECTING IMPLEMENTATIQN SUCCESS
The rationale for expecting successful implementation of the proposed mitigation include the City
of Carlsbad's strong commitment to this effort and the favorable physical conditions on the site.
The City's commitment will lead to the selection of 'm implementation team with experience in
riparian and wetland mitigation. Q'Day Consultants will use this Conceptual Mitigation plan as
the basis for additional studies to provide the derail necessary for the final plan. These studies
include:
m
B
I
m
m
m
Field survey to tie in mitigation areas and property lines;
Preparation of legal, plat, and closure documentation;
Earthwork calculation;
Detailed grading plan;
Hydrology study;
Erosion control plan;
Final grading cost estimate; and
Specifications for the work to be completed.
Soil salinity tests were made within the proposed mitigation are to assess suitability for the
proposed effort. The results of these tests are presented in Table 5-1. These samples were taken
at the locations shown on Plate 1. The ACOE (1987) indicates that soils suitable for planting to
non-salt tolerant species should have ECe values of 4.0 or less. The results indicate that soil
salinity within the sampled areas varies from 2.5 ECes on the higher elevation portions of the
proposed-area to an ECe of 6.6 adjacent to existing riparian vegetation. Four of the seven
samples have ECes greater than 4.0. To further assess the salinity profile, samples were taken
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Cannon Rod Extensibn Project CgY of Carisbad, CaIifmia
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Conceptual Miligation Ph for Reaches 1 and 2
at depths of 4 inches to 6 inches, 12 inches, and approximately 16 inches at Location 1. These
samples have the following ECes of 6.6,4.8, and 3.2, respectively. This indicates that the upper
4 to 6 inches of the soil has the highest salt content. This sample was taken in an area where
riparian vegetation now grows. This suggests that established onsite vegetation will tolerate this
level of salinity in the upper soil, It is likely that if the salinity is managed during the early stages
of the revegetation effort, riparian vegetation can be successNly established.
. Table 5-1
Soil Salinity Test Results
Sample Location Pfl[ ECe PPT
1 4 to 6 inches 7.9 6.4 4.1
I 12 inches 7.9 4.8 3.1
1 > 16 inches 6.5 3.2 2.1
2 6 to 8 inches 7.4 6.6 4.2
3 6 to 8 inches 7.2 6.3 4 .O
4 6 to 8 inches
5 6 to 8 inches
7.6 4.0 2.6
7.7 5.9 3.8
6 6 to 8 inches 6.9 2.5 1.6
7 6 to 8 inches 6.9 2.2 1.4
Notes: pH based on saturated soil paste. Ece calculated on a saturation extract.
PPT equal to Ece x .a.
It is recommended that the Final Mitigation Plan include measures to thoroughly test the salinity
of soils k the mitigation area; and if necessary, reduce soil salinity in areas that would be planted
to southern willow scrub. This may be accomplished with a soil amendment such as gypsum.
Gypsum replaces sodium ions with calcium allowing the sodium to be leached out of the upper
soil.. An additional measure may include revegetating areas with marsh vegetation on soils with
higher ECes, particularly where these occur at the lower elevations of the mitigation site.
Water samples were also tested for salinity and ranged from 7.68 paits per thousand @pt) adjacent ,
to Agua Hedionda Lagoon to 2.43 ppt at the proposed mitigation site. The samples from reaches
of the stream near the mitigation site have relatively low salinities. This suggests that the waters
in the mitigation area may not be sufficiently salty to maintain a brackish marsh habitat if allowed
to flow through the created habitat on a year-round basis. The frnal design should incorporate
ways to optGe the salinity of the water and soil in the brackish marsh area.
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Cannon Road Extension Project Ciiy of Chdsbad, California .
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Conceptual Mirigation Plan for Reaches 1 and 2
5.2 RESPONSIBLE PARTIES
The parties responsible for the implementation of the mitigation plan include:
Project Proponent: The City of Carlsbad
Address: . 2075 Las Palmas Drive
Carlsbad, California 92009-i576
Attention: Ms. Sherri Howard
Preparer of
Mitigation Pian:
Preparer of Final
Mitigation Plan:
Tetra Tech, Inc.
591 Camino de la Reina, Suite 640
San Diego, California 92108
Attention: Ms. Betty Dehoney
O'Day Consultants
7220 Avenida Encinas, Suite 204
Carlsbad, California 92009
Attention: Mr. Patrick O'Day
(619) 718-9676
(619) 931-7700
5.3 SCHEDULE
The schedule for timing of site preparation and planting will be provided as part of the Final
Mitigation Plan. The optimal time for installation of the plant materials is fall or early winter.
However, with irrigation, the area may be planted during the fall, winter, -or spring.
5.4 SITE PREPARATION
The grading or landscap contractor will be responsible for all site preparation. The details of
site preparation are being prepared by O'Day Consultants and will be included in the final plan.
A biological monitor will be onsite during fd site preparation to verify correct placement of
plant materials and make minor adjustments to the fd landscape plan, if warranted, based on
the fml grading and hydrology plan.
Optimaily, site preparation should begin in midSeptember or as soon as the least,Beli's vireo is
not present. This allows the project to rake advantage of any rainfall during the winter and spring
months. Planting during this season also allows the plants to become established prior to heavy
rainfall qd possible flocding. All trash will be kmoved from the mitigation site prior to weeding
and subsequent planting and seeding. If hydrology studies indicate that the chosen site is likely
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Cannon Rod Extension Project City of -bad, California
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Conceptual Mitigation Plan for Reaches 1 and 2
to be flooded, he final plan will include measures designed to moderate the velocity of water
crosskg he revegetation area. If such measures are not feasible, the possibility exists that
replanting after a flood may be necessary.
The soil on the graded areas may have relatively low nutrient levels. Prior to initiation of planting
or hydroseeding, the soil will be tested to determine which nutrients may be required. The use
of fertiIizers in native revegetation projects is somewhat controversial as the enriched soii can also
provide id& growing situations for weedy species that may compete with native plants.
The success of revegetation efforts can be enhanced by providing an inoculum of mychorizal
fungi. This may be accomplished by obtaining leaf litter and surface soils from existing riparian
habitat with similar soil chemistry. It is recommended that inoculum be obtained from the
affected waters and wetlands and/or riparian habitat adjacent to the revegetation area. Inoculum
should only be taken from areas free of invasive weed species.
5.5 PLANTING PLAN
The proposed revegetation site is located within Macario Canyon (Figures 2 and 3). Tree species
to be used include: .black .willow, arroyo willow, Fremont cottonwood (Popuh~~ fremontii),
western sycamore (Platanus racemosa), and Mexican elderberry (Sambucus mexicam). Shrub
species include: mulefat, sandbar willow (Salk hindsiana), wild rose (Rosa califomica),
California blackberry (Rubus ursinus), and winter current (Ribes indecorum), Additional species
that would be seeded onto the site include yerba ma (Anempsis californica), mugwort
(Artemisia douglasiana), San Diego sagewort (Artemisia palmer& brass buttons (Cotula
coronopifolia), southwestern spiny rush (Juncus acuus), yellow sweet clover (Melilotus
o#cinalis), marsh fleabane (Piuchea odorata) , California goldenrod (Solidago caiifornica), and
foxtail fescue (Festuca megalura).
Plant Palettes
The plant palette to be used in the revegetation of marsh and southern willow scrub will consist
of a combination of container planting and seed. Tables 3-2 and 3-3 provide lists of reco~en&j
plants and seeds. The availability of these species should be confirmed with a native plant nursery
and seed supplier prior to completion of the final landscape drawings. If required, changes in the
plant palette will be reviewed by the monitoring biologist. Changes to the plant palette will be
consistent with the-overall intent of the mitiga.tion design and must be species native to southern
California .riparian system. Initial planting will consist of large and small specimens- planted at
densities high enough to achieve the goal of attaining the cover criteria in 1 year.
Plant material will be purchased from reputable nurseries specializing in native species. In
addition, the seed stock will be purchased from a company which continuously collects seeds of -
Cannon Road Extension Project city of Carisbad, California
21
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Conceptual Mitigation Plan for Reaches I and 2
appropriate species in Southern California. If the nurseries or seed companies do not have stock
on hand, onsite collection may occur in the affected habitat. These species can be stored or grown
in the nursery until ready to pht. Generally, a nursery requires 4 to 6 months to deliver an order
of this magnitude.
The final planting layout should cluster tree species and allow for some clusters of shrubs to
. provide structural diversity (Figure 4). Wild rose, California blackberry, and winter current
would be planted along the upland edge of the site along with the western sycamore and Mexican
elderberry. The biackbeny and rose should be used to form a natural buffer to minimize human
intrusion into the area.
Planting of the marsh area (Figures 3 and 5) will require a flexible planting pallet. The pallet will
include species adapted to a variety of inundation and salinity regimes. This is necessary since
the exact soil moisture and salinity characteristics of the area cannot be predicted prior 10 final
grading. In addition, the newly graded sire is not expected to be in equilibrium with the site
hydrology, and conditions of salinity may change as an equilibrium develops. Planting a broad
palette allows selection to occur and enhances both the short-term and long-term likelihood that
the site will succeed and provide the target functions and values.
The created marsh will have an area subject to extended periods of inundation on which cattail and
buhsh are expected to establish. Bulrush is generally more adapted to deeper water than cattail.
Therefore, cattail will be planted in the shallower water and bulrush in the deeper areas. A
transition zone planted to both species is expected to allow competitive mechanisms to establish
the dominant species (Figure 5).
The marsh edge would be characterized by saturated, but non-inundated, soils or soils that are
inundated for only a short period. The planting pallet for marsh edge (Table 3-3 and Figure 5)
includes species adapted to a range of conditions of soil moisture and salinity. The initial planting
would be expected to adapt dynamidly to site conditions and selective mechanism would
-.
determine the final species composition and distribution of the marsh edge habitat.
Planting Specifications
Some areas may require grading to provide correct hydrologic functions. Marsh vegetation should
be planted adjacent to the existing stream to minimize required gqding and take full advantage
of the existing hydrology (Figure 5). The site should be graded and contoured, and irrigation
should be installed eaily enough to allow the planting of the marsh component of the vegetation
during warm weather. Hydroperiod and water depth significantly affect the establishment of
emergent wetland vegetation (Poiani and Johnson- 1989). These factors can be controlled most
.-
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Cannon Road Extension Project City of Guisbad, California 22
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Conceptual Midigdon Plan for Reaches I hnd 2
I’
easily prior to the onset of raim-. Warm weather is also expected to enhance the success of
emergent plantings..- Cattail and bu*ants should have leaves attached to the rhizomes when
they are planted.. T&p&des-&ygen supply for the establishing rhizomes. Rhizomes
planted without attached leaves have a lower survival rate (Bedish 1967).
Southern willow scrub will be planted where the DTG does not exceed 6 feet. Areas where the
target vegetation is southern willow scrub should be planted after October 1 .to reduce hot weather
stress and to allow establishment to occur during the cool, wet portion of the year. All areas will
be planted with container specimens and seeded with the appropriate hydroseed mix. Planting
densities would be high to allow attainment of the cover goals after 1 year of growth. Densities
may be increased by planting cuttings in addition to the specified container stock. However, due
to potentially high mortality, the cuttings should not be included in survival counts.
Approximately 25 percent of the planted container stock would be at or above the height goal to
enhance the probability that this goal would be met during the first year. Container plants will
be planted prior to the application of the hydroseed. Hydroseed should be applied mechanically
with a slurry. A hydroseed company experienced with native seed applications should be retained
to complete this task.
Container trees and shrubs will be planted using standard horticultural practices: excavating a
planting hole twice the diameter ofthe root ball, filing the hole twice with water, and leaving the
plant crown approximately 1 inch above grade after planting. Plants will be placed in soils that
have been thoroughly watered before planting, and watered immediately after planting. Any roots
wrapped around the rootball will be loosened. The plants should be planted in clusters of three
to five simulating natural patterns.
The monitoring biologist will be present onsite during the planting and seeding procedures on an
as-needed basis. The monitoring biologist should conduct a final check of the site after the
planting is complete. The final check will document that plants were appropriately placed by the
contractor, hydroseed slurry has been cox~ectly applied, and the correct species have been used.
5.6 IRRIGATION PLAN
I,
’ &3(i 1 “0 2 -\. . & .‘w . .. z . . ,’ , ,
Irrigation will be supplied for this site. The most feasible source of water is the irrigation system
of the farm operation adjacent to the east edge of the proposed mitigation site. It is anticipated
that irrigation will be buried PVC pipe with overhead sprinkler heads. Although the use of
irrigation .will be temporary, it will be permanentiy installed to red& vandalism. ~inal irrigation .
design will be conducted by a landscape architect and reviewed by the monitoring biologist.
e
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Cannon Road Extension Project City of Carlsbad, California
25
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I e 6. ..
Conceptual Mitigation Plan for Reaches 1 and 2
5.7 AS-BUILT CONDrzTONS
The City of Carlsbad will submit a report to the ACOE within 6 weeks of site preparation and
planting describing the as-built status of the mitigation project. Separate reports will be submitted
for grading, planting work, and erosion control measures, if completed within 6 weeks of each
other. The City will also provide the concerned agencies topographic maps showing as-buiit
contours of the mitigation area. These maps will indicate the location of plantings and any other
installations or structures.
6.0 MAINTENANCE DURING MONITORING PERIOD
The revegetated areas will require regular maintenan~ including inspection of the site for erosion
trash and actions necessary to prevent off-road vehicle use and illegal- dumping. These
maintenance activities will be implemented throughout the monitoring period.
problem, weed invasion, irrigation adequacy, herbivory, unhealthy or dying plants. removal of
6.1 IREPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL
All container plant materials will be inspected by the biological monitor 90 days after planting.
At that time, dead plants will be replaced in-kind by the contractor. If disease or insect damage
is detected, an assessment of the causal agents will be made and appropriate action will be taken.
A11 replacement plantings will be made in late fall or winter. Thereafter, plantings will be
assessed monthly during the monitoring period. Dead plants will be replaced by the City of
Carlsbad. Disease and insect damage will also be assessed and appropriate actions taken as
necessary for the full monitoring period.
Seeded areas will be assessed 120 days after seeding. and monthly thereafter for a 1-year
' biological monitor not .to have obtained 50 percent coverage or better are to be reseeded at &e
expense of the contractor at 120 days, and thereafter if necessary, at the expense of the City of
Carlsbad.
6.2 WEED CONTROL
Weeding prior to seeding is important since non-native species will compete with the native
seedlings; An aggressive weed eradication program will be implemented prior to site preparation,
planting and seeding, and &ntinue over the maintenance and mo&oring period. Weedy species
are present around the project site and include Brazilian pepper tree (Schinus ferebinthifolius), tree
tobacco (Nicotiana glaucu), Bermuda grass (Qmdon dactylon), sweet fennel (Foeniculum
vulgare), pampas grass (Cortaderia sellom), wild radish (Raphanus sativus), castor bean
(Ricinus communis), mustard (Brassica sp.), non-native grass, and other invasive plant species.
.. .
monitoring period or until performake standards are met. Wed areas determined by the
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Cannon Road Extension Project C'ify of Carisbad, California
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Conceptual Mitigation Plan for Reaches 1 and 2
Weed removal and control methods include:
8 Removal of specific weedy species including pampas grass, tree tobacco, and
Brazilian pepper tree through foliar application or cut-stump treatment with. an
appropriate herbicide;
m Hand removal of entire plant including the root system; and . .
8 Girdling of larger trees or shrubs.
The specific method will be recommend by the monitoring biologist.
Weed abatement techniques wil! vary depending on species. Small shrubs should be removed by
hand; however, the size of the plant will determine the feasibility of complete removal. If plan&
are too large to dig out by the roots, they can be cut back at the base, then the cut base can be
painted with an appropriate herbicide as recommended by the biological monitor.
Under the current permits, pampas grass removal is to be conducted on 28 acres within the
cm-yon. After initial removal of pampas grass, the contractor should check the area each year for
a 5-year period. if regrowth has occurred, additional applications should be made.
6.3 PRUNING AM) STAKING
No pruning or leaf litter removal will take place within the mitigation site since the goal is to
leaf Iitter and fallen branches will not be cleared away from the planting. Pruning may be done
only if required for insect and/or disease control. Trees in 15-gallon or larger containers should
be staked.
6.4 EROSION CB~OL
create natural habitat functions. Therefore, dead branches will be left on the shrubs and trees and
An erosion control stock will be included in the hydroseed mix. This spies should be an annual,
fast growing species which does not readily re-seed. The native seed company will be able to
provide recommendations for such a crop. The correct species should provide erosion control
during the first year. This will allow the native seed to gerxninate and develop the following year.
Native vegetation will provide erosion control for the remainder of the monitoring period.
6.5 SITE ACCESS
Measures to prevent off-road vehicles ingress into the site wit1 be included in the final plan.
Maintenance crews and the biological monitor will be responsible for reporting vandalism and -
Cannon Road Extension Project City of carisbad, California
27
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Conceptual Miiigahn Plan for Reaches 1 and 2
trespassing to the City. Barrier plants such as blackberry and rose could be used to form a natural
buffer to reduce human intrusion into the area.
6.6 COWBIRD TRAPPING
Cowbird trapping is required by the USFWS under the Biological Opinion for Cannon Road (U.S.
Fish and Wildlife Service 1992). Cowbird traps should be set every 100 linear yards 'dong
Macario Canyon (5 traps total) in the riparian habitat during the least Bell's vireo breeding season , ..
(May through August). The trapping program will be operated to avoid checking the traps on
weekends and holidays. Traps would be supplied with food, water, and at least one live cowbird
to lure others into the trap. At the end of the season any live cowbirds would be properly
disposed of. Cowbird trapping would OCCUT for the entire monitoring period. All trapping must
be conducted by persons holding a live cowbird trapping permit from the USFWS.
7.0 MONITORING PROGRAM
An important component of any revegetatiodmitigation program is documentation of progress
until the specified monitoring period is completed. General observations will be important in
documenting areas of poor growth or cover, dead or dying plants, weed invasion, erosion
problems, and inadequate hydrology. Documentation will be provided by a monitoring biologist.
The primary goal of the revegetation effort is to establish self-sustaining marsh and southem
willow scrub habitat. Monitoring will be accomplished by a qualified biologist with appropriate
credentials and experience.
The monitoring program will use a variety of qualitative and quantitative procedures to document
the changes in growth and density of the desired species within the sampled areas. One of the
most important procedures will be standardized observations of the entire site to provide a general
record of trends within the mitigation site. Quantitative studies wiil be conducted to obtain cover
estimates, densities, and monitor changes in species diversity. All changes in growth and
survivorship will be documented to determine the success of establishment over the monitoring
period.
7.1 HORTICULTURAL MONITORING
The biological monitor will inspect the mitigation site monthly after the installation of the plant
materials. The responsible maintenance staff at the City of Carlsbad will participate in each site
visit to discuss any remediation or maintenance measures required. The entire site will be
assessed qualitatively for evidence of erosion, weed invasion, hydrological problems, vandalism,
and plant mortality. Notes on the general health and growth of the container plkts and
hydroseeded areas will be made during these visits. The results of the horticultural monitoring -
Cannon Road Extension Project City of Carisbad, California
28
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Conceptual Mitigation Phn for Reaches 1 and 2
will be included in the annual repoi required by the resource agencies. If immediate attention
is required, an interim letter report will be sent to the City after each qualitative monitoring
period.
7.2 BOTANICAL MONITORING
Quantitative data will be collected twice yearly during the .monitoring period. Information
gathered will include survivorship of container stock, species cover, species composition, tree
height, percent native versus non-native species, and species density of understory seeded areas.
Quantitative measurements may include, but not be limited to, permanent 1 meter x 1 meter
quadrants placed at random locations within the mitigation site. These locations will be sampled
each year. Quadrant sampling will be used to determine percent cover of the herb and seedling
layer. Thz Lerb and seedling layer will include all plants less than 0.5 meter high. Twenty-five
meter line intercept transects will be used for collection of cover data for the tree and shrub
layers. A 6-meter belt transect will be placed along each 25-meter transect to sample tree and
shrub density. Height measurements will be taken of each tree and shrub rooted within the
6-meter belt. Average height of vegetation layers will also be estimated. Photographic
at each monitoring period. The data will be analyzed and reported at the end of the monitoring
year.
7.3 REPORTING
At the end of the year, the biologicat monitor will submit an annual report to the City of Carlsbad.
The report will include results of survival, percent cover, density, tree height and girth,
germination of seeded areas, and wildlife present. It will be the responsibility of the City' of
Carlsbad to submit, the reports to the appropriate resource agencies.
Annual reports will be submined to the ACOE and other involved agencies. These reports will
assess growth and progress toward the final success criteria. Annual reports will include the
following information:
documentation points will be eslablished at one end of each transect and photographs will be taken
m A list of names, titles, and companies of all persons who prepared the content of
the annuai report and participated in monitoring activities for that year;
m A copy of ACOE permit, any attached Special Conditions, and any subsequent
letters of modification, as an appendix;
E - Analysis of all quantitative monitoring data (success, failure, and remedial action).
Graph and table format is preferred;
e
Cannon Road Extension Project City of Gzrisbad, California
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P
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Conceptual Mitigation Phn for Reaches 1 and 2
I Prints of all included monitoring photographs (colored photocopies are acceptabIe);
Maps identifying monitoring areas, transects, planting zones, etc., as appropriate
(see Appendix A for figure format information); and
B Copies of all field data sheets shall be available for ACOE review upon request
(U.S. Army Corps of Engineers 1993). ..
8.0 COMPLETION OF MITIGATION
The mitigation effort will be completed when the City of Carlsbad notifies the ACOE and receives
written confirmation that the ACOE is in agreement.
8.1 NOTIFICATION OF COMPLETION
When the initial monitoring period is complete and if the City considers the final success criteria
have been met, the City will notify the ACOE of completion in the. fmal annual report.
8.2 CORPS CONFIRMATION
The City understands that following the receipt of the final annual monitoring report, the ACOE
may require a site visit to confirm the completion.
9.0 . CONTINGENCY MEASURES
9.1 INITIATING PROCEDURES
If the an annual performance criterion is not met for all or any portion of the mitigation project
in any year, or if the final success criteria are not met, the City will prepare an analysis of the
cause or causes and, if determined necessary by the ACOE, will propose remedial action for
. approval.
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION
. If mitigation efforts are not successful at the chosen area (Plate l), mitigation may be
accomplished on other portions of the proposed site.
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Cannon Road Extension Project City of Chrlsbad; California
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4 Conceptual Mitigation Plan for Reaches I'and 2
9.3 FUNDING MECHANISMS
The funds available for the implementation of contingency measures have not been determined to
date. This information will appear in the Final Mitigation Plan or will be provided to the ACOE
prior to beginning work on the mitigation effort.
9.4 RESPONSIBLE PARTIES
The City of Carlsbad will have final responsibility for implementing, monitoring and contingency
efforts. The contractors who will be responsible to the City for these project components have
not been determined,
10.0 REFERENCES
Aerial Fotobank, Inc. .
1995 Aerial Photograph of the project area. Scale 1 inch = 200 feet. Negative Number
CVSD95-80xx. Flown February 2, 1995.
Bedish, J. W.
1967 Cattail Requirements an8 Their Significance to Marsh Management. American
Midland Naturalist. Vol. 78.
City of Carlsbad
1991 Map. Orthophoto Mapping. We, 1 inch = 100 feet. Flown September-October
1988.
Crosby, Mead, Benton and Associates
1990 Personal Communication. Letter from Mr.. A.W. Urquhart, P.E. with Crosby
Mead Benton and Associates to Mr. Piul Webb, California Coastal Co~ssion. 10 May.
Faber, P.A., E. Keller, A. Sands, and B.M. Massey
1989 The Ecology of Riparian Habitats of'the Southem Califontia Coastal Region:, a
Community Profile. U.S. Fish and Wildlife Service Biology Report 85(7.27).
Holland, R.
1986 Preliminary Description of the Terrestrial Narural Communities of California.
California Department of Fish and Game. Sacramento, California.
Poiani, K.A. and Johnson, C.W.
Effect of Hydroperiod on Seed Bank Composition in Semi-Permanent Prairie Wetlam&.
Canadian Journal of Botany. Vol. 67. -
Cannon Road Extension Pmject City of Carisbad, California
31
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Conceptual Mitigation Plan for Reaches I and 2
US. Army Corps of Engineers
1993 Habitat Mitigation and Monitoring Guidelines. LQS Angles District. 01 June.
1990 Drafr Review and Analysis of Drought Tolerance of Riparian and Estuarine
Species. Prepared by The Chambers Group. Los Angles District. October.
1987 Fulton: La Coches Mitigation Area: A Case Study in Native Plunt Revegetation
LQS Angeles District. Proceedings of the Second Native Plant Revegetation Symposium.
US. Fish and Wildlife Service
1992 Biological Opinion. Letter from J. D. Opdycks, U.S. Fish and Wildlife Service to
Col. Charles Thomas, U.S. Army Corps of Engineers. 07 April.
Woodward-Clyde Consultants
1990 Report of John Moossazadeh, Woodward-Clyde Consuitants to Mr. W.
McCloskey. The Buie Corporation. 02 July.
6
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Cannon Road Extension Project. City of Cudsbad, California
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i t e e
Addendum to Conceptual Mitigation Plan
for Cannon Road Extension Project Reaches 11 and 2
Prepared by:
Tetra Tech, Inc.
59 1 Camino de la Reina, Suite 640
San Diego, California 92 108
Prepared for:
CITY OF CARLSBAD
Engineering Department
2075 Las Palrnas Drive
Carlsbad, California 92009- 1576
&
c
February 20,1998
e e
Addendum to Conceptual MZgatton Plan for Reaches 1 and 2
TABLE OF CONTENTS (Cont'd)
6.0 MAINTENANCE DURING MONITORING PERIOD ......................... 25
6.1 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL ........ 25
6.2 WEED CONTROL ............................................... 25 . 6.3 PRUNING AND STAKING ........................................ 26
6.4 EROSION CONTROL ............................................ 26
6.5 SITEACCESS ................................................... 26
7.0 MONITORING PROGRAM .............................................. 27
7.1 HORTICULTURAL MONITORING ................................. 27
7.2 BOTANICAL MONITORING ...................................... 27
7.3 REPORTING .................................................... 28
8.0 COMPLETION OF MITIGATION ......................................... 29
8.1 NOTIFICATION OF COMPLETION ................................. 29
8.2 CORF'SCONFERMATION ......................................... 29
9.0 C0NTIN.GENCY MEASURES ........................................... 30
9.1 INITIATING PROCEDURES .............. '; ........................ 30
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION ...... 30
9.3 FUNDING MECHANISMS ........................................ 30
9.4 RESPONSIBLE PARTIES ......................................... 30
10.0 REFERENCES ........................................................ 31
List of Figures
Figure 1 Location of Sites A-D ............................................. 17
Figure 2 Riparian Planting Design for 50' x 50' Cell ........................... -22
List of Tables
Table 3-1 Project Success Standards and Measures to be Taken if the
Standard is Not Met ............................................... 11
Table 3-2 Plant Species Recommended for Cannon Road-Reaches 1 and 2
Willow Scrub Revegetation Site at Macario Canyon. Carlsbad ............. 13
Table 3-3 Mitigation Sites In Relation to Groundwater Levels ...................... 14
Table 3-4 Acreage of Proposed Mitigation Sites ................................. 14 -
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Cannon Road Extension Project ii City of Carlsbad
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Addendum to Conceptual Miligation Plan for Reaches 1 and 2
be mitigated through replacement of disturbed vegetation onsite. Therefore, the mitigation ratio has
been increased and three new mitigation sites around the Agua Hedionda Lagoon watershed have
been added. In addition, the original mitigation site in Macario Canyon detailed in the Conceptual
Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project (Tetra Tech,
1997) has been expanded.
1.1 PROJECT DESCRIPTION
1.1.1 Location of the Project
Reach 1 of Cannon Road would be located south of Agua Hedionda Lagoon between Interstate (I)-5
on the west and the proposed route of Faraday Avenue east of Macario Canyon (see Figures 1 and
2 in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension
Project). Reach 2 of Cannon Road extends from Faraday Avenue to El Camino Real. From its
interchange with 1-5, existing Cannon Road runs east about 1,000 feet, ending at LEGO Drive.
1.1.2 Overall Project Summary
The proposed Reach 1 of Cannon Road would extend fiom LEGO Drive onto the mesa above Agua
Hdhda Lagoon and traverse Macario Canyon near its confluence with the lagoon basin. Reach
1 of Cannon Road is proposed to cross Macario Canyon on a bridge and terminate on the eastern
canyon rim. Reach 1 was the subject of an Environmental Impact Report FIR) certified on June 27,
1989.
The proposed Reach 2 of Cannon Road begins on the eastern edge of Macario Canyon and travels
northeasterly to the intersection with El Camino Real. The project area is bounded by E1 Camino
Real to the north, College Avenue to the east, and Palomar Airport Road to the south. The proposed
intersection alignment is at the eastern end of the project site and would connect Cannon Road to
El Camino Real. This requires the construction of a bridge over Agua Hedionda Creek. Reach 2 of
Cannon Road was originally analyzed under the development proposal of the Kelly Ranch EIR.
Permits from the resource agencies were obtained for that project in the middle- to late-1980s and
have since expired or are in suspense. These permits are currently being finalized.
Portions of the Kelly Ranch project were constructed, including grading for the alignment of Cannon
Road Reach 2 easterly of the Macario Canyon bridge. The width of the proposed Cannon Road
Reach 2 was cleared, graded, and all improvements for drainages, including desiltation basins, were
completed. Within the Cannon Road right-of-way, a surcharge and a temporary berm were placed
on top of the intended hture road. The current proposed project would finish the intended grading
(which would include the removal of the surcharge and the berm), resulting in the ultimate
construction of the road. The Cannon Road Reach 2 project will generally be constructed according
to the original grading and design plans with two exceptions. A slight modification has been made -
Cannon Road Extension Project City of Carlsbad, Cal~orniu
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Addendum to Conceptual Midigation Plun for Reaches I and 2
Southern willow scrub
Reach 1 1.0 acre (direct impact) .
0.8 acre (shading impact)
Reach 2 0.46 acre (direct impact)
I Brackish marsh
Reach 1 0.01 acre (direct impact)
0.10 acre (shading impact)
W Disturbed riparian scrub
Reach 2 0.13 acre (direct impact)
rn ' ' Open water
Reach 2 0.14 acre (direct impact)
Total 2.64 acres
In addition, 0.68 .acre of riparian vegetation would be subject to temporary disturbance.
1.1.5 Types, Functions, and Values of the Jurisdictional Areas to' be Directly or Indirectly
Impacted
Types
The existing plant communities identified within the project area include open water, brackish
marsh, disturbed riparian scrub, and southern willow scrub. The southern willow scrub onsite occurs
along Macario Canyon Creek and Agua Hedionda Creek. Common native species include arroyo
willow (Salk lasiolepis), black willow (Salk gooddingii), and mulefat (Baccharis salicifolia). This
habitat primarily occurs in loose, sandy, or fine gravely alluvium deposited near stream channels.
Brackish marsh occurs in areas which support both saltmarsh and fi-eshwater plant species, and
therefore, often occurs at the mouth of canyons near lagoons. Common native species within this
habitat include pickleweed (Salicornia virginica), brassbuttons (Cotula coronopifolia), sedge (Carex
sp.), rush (Juncus sp.), cattail (Typha sp.), and salt-grass (Distichlis spicata).
The disturbed riparian scrub onsite is dominated by mulefat, coastal isocoma (Isocoma venefa), and
coyote bush (Baccharispilularis). This habitat occurs within the study area in the large basin at the
western end of the project and at the eastern end of the project on the north side of the creek. The
disturbed riparian scrub habitat at the eastern end of the site is located within the right-of-way
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Cannon Road Extension Project city of Carlsbad, California
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Addendum to Conceptual Mitigalion Ph for Reaches 1 and 2
Where the velocity of flowing water is reduced, sedimentation generally increases. Deposited
sediments are "banked" until resuspended and transported away from the site. The binding action
this habitat occurs. Marsh habitat also binds sediment with a substantial root system and may
increase sediment deposition during low to moderate flows. The transportation of sediments into
Agua Hedionda Lagoon is in part controlled by these riparian habitat functions. Sediments also
provide substrate for riparian and wetland vegetation along the unnamed stream.
of the roots of southem willow scrub vegetation is expected to enhance sediment stabilization where
The value of the affected habitat for moderation of stream transported sedimentation to Agua
Hedionda Lagoon is rated as low to moderate due to the small size of the affected area. The high
value of the lagoon habitat is the primary reason for including the moderate designation. The
relatively small amount of sediment that is deposited within the unnamed creek and its adjacent
floodplain is of high value in the context of the riparian community.
Both southern willow scrub and'marsh vegetation shade water that flows through them and may
moderate or reduce water temperatures. Water temperature is an important habitat characteristic for
aquatic fauna. Faber, et. a1 (1989) indicates that water temperature affects numerous stream
rates of stream invertebrates, and cues for life-cycle events. Shading may prevent summer water
temperatures fiom reaching lethal levels for fish and invertebrates. Stream shading by the affected
habitats is therefore expected to enhance habitat characteristics for both in-stream and benthic fauna.
hctions including processing of organic matter, chemical reactions and concentrations, metabolic
The value of stream shading provided by the affected habitat is considered high for the reaches of
Macario Canyon and Agua Hedionda Creek between the project area and Agua Hedionda Lagoon.
The large volume of water in Agua Hedionda L.agoon is likely to greatly dilute the thermal
contribution of this stream and, in this context, stream shading is expected to have a low value.
Habitat
The affected waters and wetlands also provide habitat functions and values for wildlife. Potentially
affected wildlife includes two species listed as endangered by the USF WS.
Least Bell's vireo (Vireo bellipusillus), occurs in the affected southern willow scrub habitat within
Reach 1 and 2. This species is dependent on riparian forest, woodland, and scrub habitats in
southern California. Two male willow flycatchers (Empidonax traiZZii ssp.) were observed in
southern willow scrub habitat adjacent to Reach 1 in Spring, 1996 and 1997. These birds were not
observed during subsequent surveys conducted late in each of the breeding seasons, and were
probably migrants moving through the area. Southwest willow flycatchers (Empidonax traiZZii
extimus) may occasionally use the affected southern willow scrub habitat. No other species listed
as threatened or endangered by the USFWS are known to occur in the affected reaches.
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Cannon Road Extension Project City of Carlsbad, California
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Addendum to Concepd Midgadon Ph for Reaches 1 and 2
No hunting, fishing, or other consumptive uses are known to occur within the affected waters and
wetlands. A moderate value level is assigned to the recreational uses/public access functions of the
site.
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Addendum to Conceptual Mitigalion Plan for Reaches 1 and 2
Brackish marsh 0.01 acre (direct impact) @ 3:.1 = 0.03 acre
0.10 acre (shading impact) @ 1 : 1 = 0.10 acre
Sub-total Reach 1 1.91 acres 3.93 acres
(3.80 acres of southern willow scrub and 0.13 acre of brackish marsh)
Reach 2
Southern willow scrub 0.46 acre (direct impact) @ 3: 1 = 1.38 acres
Sub-total Reach 2 0.73 acre 1.9 1 acres
(1.77 acres of southern willow scrub and 0.14 acre of open water)
Total 2.64 acres of impacts mitigated by 5.84 acres of wetlands creation
(5.57 acres of southern willow scrub, 0.13 acre of brackish marsh and 0.14 acre of
open water)
w Disturbed riparian scrub 0.13 acre (direct impact) @ 3:l = 0.39 acre
Open water 0.14 acre (direct impact) 6iJ 1 : 1 = 0.14 acre
In addition, the 0.68 acre of riparian vegetation subject to temporary disturbance would be replaced
in kind through revegetation of the temporarily disturbed areas.
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Aa'dendum to Conceptual Miiig&n Plan for Reaches 1 and 2
3.1 TARGET FUNCTIONS AND VALUES
It is anticipated that the functions and values of the proposed mitigation areas will be increased. The
proposed mitigation, along with the mitigation already approved for the project, will result in an
increase in habitat acreage and value in the general area. The proposed plant palettes provide
opportunities for a higher diversity of riparian trees and shrubs than currently occur in the affected
habitats.
Southern willow scrub is an early successional phase of more complex riparian woodlands and
forests (Holland, 1986). This vegetation type generally becomes established after severe scouring
events create the open, moist, mineral-based substrate typically required for willow germination
(Faber et. al, 1989). During its first 15 to 20 years of growth, it may have a lower species diversity
than more successionally advanced riparian woodlands. The plant palette for this target vegetation
includes tree, shrub, and understory species that are anticipated to provide resources not available
in the affected wetlands (Table 3-2). The inclusion of taller growing trees is expected to produce
habitat with enhanced structural diversity. As succession proceeds, this habitat is expected to
become southern cottonwood willow riparian forest.
3.2 TARGET .HYDROLOGICAL REGIME
The target hydrological regime is similar to that present on the affected areas. The majority of the
hydrological functions are generated at the scale of the streams' watershed rather than within the
proposed mitigation area. The source of water will remain seasonal runoff and groundwater
discharge. Seasonal flooding will occur at similar rates and periodicities. The flow direction will
remain substantially the same and the size of the watershed is not expected to change significantly.
Water quality and sediment transport functions are also expected to be similar to the affected
habitats.
An additional hydrologic fimction that can be influenced by project design is the depth to
groundwater (DTG). The ACOE (1990) has indicated that the optimal DTG for willows and
cottonwoods is thought not to exceed 6 feet. Mulefat grows where DTG is between 0 and 10 feet.
The preferred DTG or depth of inundation for the dominant plant species will be an important factor
in determining the final elevation of grading in the target habitats. The willow riparian scrub habitat
This will provide the variety of inundation depths required for the recommended palette species.
should have a depth of no greater than 6 feet and should slope gradually upward toward the edge.
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Cannon Road Extension Project clty of Carlsbad, California
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Addendum to ConceDtual MifiaQtisn Plan for Reaches 1 and 2 jl - "
Table 3-3 Mitigation Sites In Relation to Groundwater Levels
Site Excavation Curient Elevation
Number Required (Feet above Mean Sea Level)
A Yes Described in Original Plan
B
14 - 18 D
Yes 28 - 36 C
Yes 30 - 40
Yes
3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED/ENHANCED
The mitigation proposed in this addendum includes four sites totaling 3,03 acres, The acreage for
each site is shown in Table 3-4. With the original 3.3 1 acres (at Site.A) in the Conceptual Wetlands
Mitigation Plan for Reaches I and 2 of the Cannon Road Extension Project (Tetra Tech, 1997), the
total mitigation acreage proposed is 6.34 acres, consisting of 6.07 acres of southern willow scrub,
0.13 acre of brackish marsh, and 0.14 acre of open water. This exceeds the total mitigation acreage
required by the California Coastal Commission of 5.84 acres, consisting of 5.57 acres of southern
willow scrub, 0.13 acre of brackish marsh, and 0.14 acre of open water by 0.5 acre.
Table 3-4
Acreage of Proposed Mitigation Sites I I I I 1 ~~ ~~~~~
. c Site Number
0.44 B'
0.79 (extension only) A (extension only)
Number of Acres
C
0.50 D
1.30
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Addendum to Conceptual Mitigalion Phn for Reaches I and 2
4.3 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION SITES
The proposed mitigation sites were selected from several candidate areas in the general Agua
Hedionda Lagoon vicinity. The proposed sites, when combined with the already approved
mitigation area, will provide the more than the required additional 2.06 acres of riparian mitigation
that is identified by the CCC in their Revisions to StaffReport and Preliminary Recommendation
dated 1/21/98 (CCC, 1998).
The existing functions associated with the proposed mitigation sites are minimal due to their
disturbed nature. The eucalyptus trees on Site C may provide raptor roosting perches. However,
there are other eucalyptus trees located closer to the lagoon which likely are used by roosting raptors.
value of these functions to wildlife is relatively low.
The d;sturbed land may provide some habitat for small mammals and foraging area for raptors. The
4.4 PRESENT AND PROPOSED USES OF THE MITIGATION SITES
The proposed use of the four mitigation sites is for wildlife and passive open space uses within Agua
Hedionda Lagoon and adjacent Preserve. The sites are s.yrrounded by land that will be permanent
open space and which will provide a large diversified habitat area.
4.5 ZONING
Lands on and adjacent to the proposed mitigation sites are zoned Open Space. The Carlsbad General
Plan designates these lands for Open Space.
A
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Cannon Road Extension Project City of Carlsbad, California
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Addendum to Conceptual Mitigalion Plan for Reaches 1 and 2
Figure 1 BACK UP for double-sided copy
Location of Sites A-D (O’Day Consultants) 8.5 x 11
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Cannon Road Extension Project City of Carlsbad, California
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3. , ..
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Addendum to Conceptual Mitigation Plan for Reaches I and 2
Optimally, site preparation should begin in mid-September or as soon as the least Bell’s vireo is not
present. This allows the project to take advantage of any rainfall during the winter and spring
months. Planting during this season also allows the plants to become established prior to heavy
rainfall and possible flooding. All trash will be removed from the mitigation sites prior to weeding
and subsequent planting and seeding. If available hydrology information indicates that the chosen
sites are likely to be flooded, the final plan will include measures designed to moderate the velocity
of water crossing the revegetation area. If such measures are not feasible, the possibility exists that
replanting after a flood may be necessary.
The success of revegetation efforts can be enhanced by providing an inoculum of mychorizal fungi.
with similar soil chemistry. It is recommended that inoculum be obtained from the affected waters
and wetlands andor riparian habitat adjacent to the revegetation area. Inoculum should only be
taken from areas fkee of invasive weed species.
5.4 PLANTING PLAN
This may be accomplished by obtaining leaf litter and surface soils from existing riparian habitat
The proposed revegetation sites are upstream of Agua Hedionda Lagoon. Tree species to be used
include: black willow, .arroyo willow, Fremont cottonwood (Populus j-emontii), and western
sycamore (Platanus racemosa). Shrub species include: mulefat, sandbar willow (Salix hindsiana),
wild rose (Rosa californica), California blackberry (Rubus ursinus), winter current (Ribes
indecorum), Mexican elderberry (Sambucus mexicana), and wild grape (Vitis girdiana). Additional
species that would be seeded onto the sites include yerba mansa (Anemopsis californica), mugwort
(A??emis.ia dougksiana), tarragon (Artemisia dracunculus), brass buttons (Cotula coronopifolia),
yellow sweet clover (Melilotus oficinalis), marsh fleabane (Pluchea odorata), California goldenrod
(Solidago californica), and foxtail fescue (Festuca megalura).
Plant Palettes
The plant palette to be used in the revegetation of southern willow scrub will consist of a
combination of container plants and seed. Table 3-2 provides recommended plants and seeds. The
to completion of the final landscape drawings. If required, changes in the plant palette will be
reviewed by the monitoring biologist. Changes to the plant palette will be consistent with the overall
intent of the mitigation design and must include species native to southern California riparian
systems.
availability of these species should be confirmed with a native plant nursery and seed supplier prior
Plant material will be purchased from reputable nurseries specializing in native species. In addition,
the seed stock will be purchased from a company which continuously collects seeds of appropriate
speciesin southern California. If the nurseries or seed companies do not have stock on hand, onsite
collection may occur in the affected habitat. In addition, treatment of edge areas (described below)
e
Cannon Road Extension Project City of Carlsbad, California
20
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Addendum to Conceptual Miligation Plan for Reaches 1 and 2
decompaction and surface treatment (such as ripping, if needed). Revegetation techniques, including
hydroseeding, plant palettes, numbers and groupings, will follow those described in the Conceptual
Wetlanh Mitigation Plan for Reaches I and 2 of the Cannon Road Extension Project (Tetra Tech,
1997) and above, depending upon the vegetation type temporarily disturbed. Also, all disturbed or
manufactured steep dupe areas, including the fill strucme on the east side of Macario Canyon, will
be hydroseeded with a coastal sage scrub mix (identical to that previously used for the initial berm
along the graded, unpaved Cannon Road). The resultant native vegetation will be compatable with
adjacent natural vegetation and will re-establish the area consistent with its present character.
..
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Cannon Road Extension Project - City of Carlsbad, Cdijoomiu
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Addendum to Conceptual Mitigalion Plan for Reaches 1 and 2
Weed abatement techniques will vary depending on species. Small shrubs should be removed by
hand; however, the size of the plant will determine the feasibility of complete removal. If plants are
too large to dig out by the roots, they can be cut back at the base, then the cut base can be painted
with an appropriate herbicide as recommended by the biological monitor.
6.3 PRUNING AND STAKING
No pruning or leaf litter removal will take place within the mitigation site since the goal is to create
,natural habitat functions. Therefore, dead branches will be left on the shrubs and trees and leaf litter
and fallen branches will not be cleared away from the planting. Pruning may be done only if
required for insect andor disease control. Trees in 15-gallon or larger containers should be staked.
6.4 EROSION CONTROL
An erosion watri;!. stock will be included in thc hyhseed mix. This species should be an annual,
fast growing species which does not readily re-seed. The native seed company will be able to
provide recommendations for such a crop. The correct species should provide erosion control during
the first year. This will allow the native seed to germinate and develop the following year. Native
vegetation will provide erosion control for the remainder of the monitoring period.
6.5 SITE ACCESS
Measures to prevent off-road vehicles ingress into the sites will be included in the final plan.
Maintenance crews and the biological monitor will be responsible for reporting vandalism and
trespassing to the City. Barrier plants such as blackberry and rose could be used to form a natural
buffer to reduce human intrusion into the area.
4
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Addendum to Conceptual Mifigation Plan for Reaches 1 and 2
meter belt transect will be placed along each 25-meter transect to sample tree and shrub Bensity.
Height measurements will be taken of each tree and shrub rooted within the 6-meter belt. Average
height of vegetation layers will also be estimated. Photographic documentation points will be
established at one end of each transect and photographs will be taken during each monitoring period.
The data will be analyzed and reported at the end of the monitoring year.
7.3 REPORTING
At the end of the year, the biological monitor will submit an annual report to the City of Carlsbad.
The report will include results of survival, percent cover, density, tree height and girth, germination
of seeded areas, and wildlife present. It will be the responsibility of the City of Carlsbad to submil
the reports to the appropriate resource agencies.
Annual reports will be submitted to the ACOE and other involved agencies. These reports will
assess growth and progress toward the final success criteria. Annual reports will include the
following information:
A list of names, titles, and companies of all persons who prepared the content of the
annual report and participated in monitoring activities for that year;
A copy of the ACOE permit, any attached Special Conditions, and any subsequem
letters of modification, as an appendix;
E- Analysis of all quantitative monitoring data (success, failure, and remedial action)
Graph and table format is preferred;
= Prints of all included monitoring photographs (colored photocopies are acceptable)
m Maps identifying monitoring areas, transects, planting zones, etc., as appropriate; anc
E- Copies of all field data sheets shall be available for ACOE review upon request (U.S
Army Corps of Engineers, 1993).
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Addendum to Concepacal MXg&n Phn for Reaches 1 and 2
9.0 CONTINGENCY MEASURES
9.1 INITIATING PROCEDURES
If an annual performance criterion is not met for all or any portion of the mitigation project in any
year, or if the final success criteria are not met, the City will prepare an analysis of the cause or
causes and, if determined necessary by the ACOE, will propose remedial action for approval.
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION
If mitigation efforts are not successful at the four sites, additional mitigation sites may have to be
identified and planted.
9.3 FUNDING MECHANISMS
The funds available for the implementation of contingency measures have not been determined to
date. This information will appear in the Final Mitigation Plan or will be provided to the ACOE
prior to beginning work on the mitigation effort.
9.4 RESPONSIBLE PARTIES
The City of Carlsbad will have final responsibility for implementing, monitoring and contingency
efforts. The contractors who will be responsible to the City for these project components have not
been determined.
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Addendum to Conceptual Mitigalion Plan for Reaches 1 and 2
10.0 REFERENCES (Cont'd)
Tetra Tech, Inc.
1997 Conceptual Wetlands Mitigation Plan for Reaches I and 2 of the Cannon RoaL
Extension Project. January.
U.S. Army Corps of Engineers
1993 Habitat Mitigation and Monitoring Guidelines. Los Angles District, 01 June.
1990 Drap Review andAnalysis of Drought Tolerance of Riparian and Estuarine Species
Prepared by The Chambers Group. Los Angles District. October.
1987 Fulton: Las Coches Mitigation Area: A Case Studj in Native Plant Revegetation Lo,
Angeles District. Proceedings of the Second Native Plant Revegetation Symposium.
U.S. Fish and Wildlife Service
1997 Biological Opinion. Letter from Gail Kobetich, US. Fish and Wildlife Service to Col
Robert Davis, U.S. Army Corps of Engineers. 08 October.
Woodward-Clyde Consultants
1990 Report of John Moossazadeh, Woodward-Clyde Consultants to Mr. W. McCloskey
The Buie Corporation. 02 July.
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v I) * United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
OCT 0 8 1997
Colonel Robert L. Davis, District Engineer
U.S. Army Corps of Engineers, Los Angeles District
P.O. Box 271 1
Los Angeles, CA 90053-2325
Attn: Terry Dean, Regulatory Branch
Re: Biological opinion on the Cannon Road (Reaches 1 and 2) Permit Application No. 97-
201 30-TCD and 97-20 13 1 -TCD, City of Carlsbad, California (1 -6-97-F-5 1)
Dear Colonel Davis:
This Biological Opinion responds to your request for formal consultation with the U.S.. Fish and
Wildlife Service (Service) pursuant to section 7 of the Endangered Species Act of 1973, as
amended (Act). Yom request for consultation was dated April 17, 1997 and received by the
Service on April 29, 1997. At issue are the impacts that the proposed US. Army Corps of
Engineers (Corps) Cannon Road extension (project) may have on the federally endangered least
Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus),
arroyo southwestem toad (Bufo microscaphus californicus), Pacific pocket mouse (Perognathus
longimembris pacijcus), ar,d Del Mar manzanita (Arctostaphylos glandulosa spp. crassifolia)
and the federally threatened coastal California gnatcatcher (Polioptila californica californica).
- Surveys for the Pacific pocket mouse have been completed within Reaches 1 and 2 of the project
area. According to the Pacific pocket mouse assessment Cannon Road, Reach 1, City of
Carlsbad, California, prepared by Tetra Tech, Inc. and dated September. 13, 1996 and the Results
of afield check for Pacijk pocket mouse habitat along the proposed alignment of Cannon Road
and the mouth of Macario Canyon in the City of Carlsbad, prepared by SJh4 Biological
Consultants and dated July 29,1997, suitable habitat is present for this species, however this
species was not detected during surveys. Therefore, the proposed project is not expected to
impact the Pacific pocket mouse. According to Tetra Tech, Inc. (unpublished data), surveys for
the arroyasouthwestem toad were conducted in the project area, but none were detected.
Additionally, Bill Haas of Varanu Biological Services, Inc. (pers. corn.), characterized the
habitats in the project site as unsuitable for this species. Impacts and incidental take of the
federally threatened coastal California gnatcatcher are concurrently being addressed by the
Service and City of Carlsbad (City) in the context of a special rule pursuant to section 4(d) of the
(1 018197) file:\consult\canonrd\cannrd.bo2
1
7 <, Colonel Robert L. Davis (1- 4 -F-51) e 2
Act. Based on the above findings, this Biological Opinion will not consider the Pacific pocket
mouse, arroyo southwestern toad,-or coastal California gnatcatcher further.
The following sources of information were used to develop this Biological Opinion: 1) the
Corps Public Notice (No. 97-20130-TCD and 97-20131-TCD) for the proposed issuance of a
permit under section 404 of the Clean Water Act, dated April 16, 1997; 2) the Final
Environmental Impact Report for Reach 1 of Cannon Road, prepared by RECON and dated
March 21,1989 (RECON 1989); 3), the Cannon Road Reach I Army Corps of Engineers 404
permit application, dated February 13,1997; 4) the Cannon Road Reach 2 Army Corps of
Engineers 404 permit application, dated February 13, 1997; 5) the Biotechriical Report for
Cannon Road Reach 2, prepared by Tetra Tech, Inc. and dated January 1996 (Tetra Tech, Inc.
1996a), 6) the Pacific pocket mouse assessment Cannon Road, Reach I, City of Carlsbad,
California, prepared by Tetra Tech, Inc. and dated September 13, 1996; 7) The July 3 1,1997
facsimile received by the Service regarding the Results qfajeld check for PaciJcpocht mouse
habitat along the proposed alimment of Cannon Road and the mouth of Macario Canyon in the
City of Carlsbad, prepared by SJM Biological Consultants and dated July 29, 1997; 8) the July
32, 1997 facsimile received by the Service regarding preliminary results, endangered species
field surveys at Cannon Road, City of Carlsbad, San Diego County, California (Tetra Tech, Inc.,
unpublished data), 9) the July 14, 1997 facsimile received by the Service regarding KelZy Ranch
least BeZl 's vireo 1ocations.resulting from biological surveys conducted by Varanus Biological
Services, Inc. (Varanus Biological Services, Inc., unpublished data); 10) the letter from the City,
dated February 6, 1997, regarding the Summary of circumstances pertaining to the City of
Carlsbadproject number 3184-Cannon Road West USACOEpermit number 92-194-EW and 85-
137-AA; 1 1) the letter fiom the City, dated June 23,, 1997, regarding Interim Habitat Loss
Permits for Cannon Road West Reaches 1 and 2; city of Carlsbad Project No. 3 184; 12) the .
Service's Biological Opinion (1-6-92-F-31) to the City, dated April 7, 1992; 13) the letter fiom
(Reaches I and 2) Permit Application No 97-20130-TCD and 97-2013I-TCD), City of Carlsbad
California (1-6-97-F-51); 14) the letter from Tetra Tech, Inc. to the City, dated April 18,1997
regarding A survey for Del Mar manzanita shrubs in Cannon Road Reach I; 15) the letter from
Tetra Tech, Inc. to the City, dated April 18, 1997 regarding Survey to delineate wetland and
riparian areas that may be affected by the construction of Cannon Road Reach I project; 16) the
letter from the City, dated August 20, 1997, regarding Draft BioIogical Opinion on the Cannon
Road (Reaches I and 2) Permit Application No 97-20130-TCD and 97-2013I-TCD), City of
Carlsbad California (1 -6-97-F-51) Follow-up to August 12, 1997 Letter; 17) the letter from the
City, dated September 1 1, 1997 regarding 3 1 84-Cannon Road West Draft Biological Opinion
Application No. 97-201 30-TCD and 97-20 13 1 -TCD, City of Carlsbad California (1 -6-97-F-5 1);
1 8) the letter from the Center for Natural Lands Management to the City, dated August 4,1997
regarding Agua Hedionda Lagoon Properv Analysis Record (PAR-P036); 19) meetings held
between the Corps, Service, California Department of Fish and Game (Department), California
Coastal hnmission, and the City; 20) references cited in this Biological Opinion; and 21)
information contained in Service files.
the City, dated August 12, 1997, regarding Draft Biological Opinion on the Cannon Road
c
BIOTJOCrIGAL OPNION
(10/8/97) file:\consult\canonrd\capnrd.bo2
1 ’t ! Colonel Robert L. Davis (1 -9-F-5 I) e 3
’ It is the opinion of the Service that the proposed project is not likely to jeopardize the continued
existence of the least Bell’s vireo, southwestern willow flycatcher, and Del Mar manzanita.
Critical habitat has been designated for the least Bell’s vireo and for the southwestern willow
flycatcher, however the project site does not occur within designated critical habitat for these
species. Therefore, the proposed project will not adversely modify designated critical habitat for
these species.
DESCRIPTION OF THE PROPOSED ACTION
The proposed action involves the construction of a four-lane major road (Cannon Road) between
Interstate 5 and El Camino Real, as part of the Cannon Road Improvement Project, and consists
California (Attachment 1). The project extends a total distance of 1.54 miles, spans a width of
102 feet, and encompasses a combined area of approximately 19.08 acres. Within the 102-foot
wide right-of-way, the following project elements will be constructed for each. sf two directions
of travel: two, .12-f00t wide lanes, an 8-foot wide bicycle lane, a 5-foot wide sidewalk, a 4.5-foot
wide parkway, curbs, gutters, streetlights, signage, striping, and drainage facilities. The
proposed project also includes an 1 8-foot wide landscaped median between the two directions of
travel, a bridge spanning over Agua Hedionda Creek, and a bridge spanning over Macario
Canyon and its unnamed creek. The applicant is the City and their consultants (Tetra Tech, Inc.).
Cannon Road Reach 1 extends 3,450 feet in an east-west direction between LEG0 Drive
(formerly Annada Drive) and Macario Canyon, and encompasses a total o’f 8.1 acres within its
right-of-way. Included in this Reach is the construction of a bridge spanning over Macario
Czizycn aid its unnamed creek. ‘The proposed bridge crossing was previously addressed in
Biological Opinion (1-6-92-F-34), dated April 7, 1992. The Biological Opinion discussed the
effects of the Cannon Road Reach 1 project on the endangered least Bell’s vireo. The project
was also addressed in a previous Corps permit (92-201 94-EW) which has expired.
The proposed Cmon Road Reach 1 bridge, spanning over Macario Canyon and its unnamed
creek would be approximately 450 feet in length with separated bridges €or each direction of.
travel. Four piers would. be placed in existing wetlands for each bridge, and cement abutments
would be placed partially down the slopes immediately.below the bridge on either side of
Macario Canyon. According to the City’s Application to the Corps for Reach 1, dated February
13, 1997, the proposed sewer line and associated dirt access road that was outlined in the Find
Envivonmental Impact Report for Reach 1 of Cannon Road in the City of Carlsbad (EIR 87-21,
dated March 21,1989 (FEIR) (RECON 1989) is no longer part of the action. No improvements
to the unnamed creek in Macario Canyon are required. According to the letter to the City fiom
Tetra Tech, Inc. dated August 18,1997 and the San Diego Gas and Electric Encina East Property
Vegetation and Cannon Road Easement Map, dated May 7,1997, an additional 0.47 acre of
southemwillow scrub and an undetermined acreage of freshwater marsh occurs immediately
adjacent to the Cannon Road, Reach 1 right-of-way, approximately 1,200 feet south of the Reach
1 bridge.
Cannon Road Reach 2 extends 4,700 feet in a northeast-southwest direction between El Camino ’
Real and the eastern edge of Macario Canyon, parallels the southern slope above Agua Hedionda
..
of Reaches 1 and 2, located on the south side of Agua Hedionda Lagoon in the Ciiy of Carlsbad,
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1. 1 ‘j Colonel Robert L. Davis (1-eF-51) e 4 -
Lagoon, and encompasses a total of 1 1 acres within its right-of-way. Reach 2 of the project was
subject to a previous Corps permit (No. 85-20137-AA) issued to Kelly Ranch, which has since
expired. Grading and placement of surcharge soil was performed under this permit between
August 27, 1985 and November 14, 1985. Least Bell’s vireo became federally listed as
endangered on May 2,1986, subsequent to the original grading, and therefore no Biological j
Opinion was prepared for effects of the previous action in Reach 2 to this species.
Reaches 1 and 2 were most recently addressed in Corps Public Notice Numbers. 97-20 130-TCD
. and 97-20 13 1 -TCD respectively, dated April 16, 1997. The Corps is the lead federal agency in
coordinating the preparation of environmental documents associated with the above referenced
action. The proposed action is more completely described within the Final Environmental
Impact Report for Reach 1 of Cannon Road in the City of Carlsbad (RECON 1989).
The proposed action in Reach 2 ‘consists of excavating approximately one to two feet of fill
material (26,500 cubic yards) &om the top of the previously graded surcharge area, constructing
a four-lane major road, and constructing a bridge, spanning over Agua Hedionda Creek and .
immediately east of El Camino Real. The Reach 2 bridge, spanning over Agua Hedionda Creek
would be 100 feet wide, and consist of a 130-foot long, cast-in-place concrete slab, two bridge
abutments, and two piers. Construction of the bridge abutments in and adjacent to wetlands and
waters of the U.S. would result in consolidation of alluvial soils in the immediate vicinity of each
abutment. Consolidation would result in “squeezing out” excess water from the soil. The excess
water would be brought to the surface by use of prefabricated, vertical drains that have a plastic
vi grzv.d iiXcrii$ h.iyci- wapped in filter fabric. Vertical drains would be connected to horizontal
drains that would transport the excess water to a drain around the perimeter of the embankment
and directed to a desilting basin. This is not expected to cause a draw down of the alluvial
aquifer. The water going to the desilting basin should have a very low sediment content since the
vertical drains will be wrapped with filter fabric. Peak flows fiom the perimeter drain will be at a
maximum of 0.1 gallons per minute per lineal foot of embankment perimeter. No temporary
impacts will occur outside of the 102-foot wide right-of-way,
For the purpose of the Service’s analysis and Biological Opinion, the action area is considered to
encompass the riparian, freshwater marsh, saltwater marsh, brackish mars4 and open water
habitats occurring in the Agua Hedionda Creek floodplain immediately to the north and
paralleling the 1.54 mile length of Reaches 1 and 2 (approximately 186 acres), the eastern
portion of the “inner” lagoon area of Agua Hedionda Lagoon (approximately 40 acres), and the
riparian habitat extending 3,500 feet upstream of the Reach 1 bridge, spanning Macario Canyon
and its unnamed creek (approximately 28 acres), and all coastal sage scrub and maritime
chaparral within the project boundary. The project contains mitigation meas,ures that will be
implemented as part of the proposed action. These measures are described in the following
documents: FEIR (EIR 87-2), dated March 21,1989; Revised Macario Canyon Bridge
Revegetak’on Plan, dated August 8, 1989; Maintenance and Monitoring Program for the Cannon
Road Reach I Mitigation Plan, dated June 1990; Macario Canyon Bridge least Bell S Vireo
Summry (undated); a December 12,199 1 summary letter regarding Cannon Road Reach I -
Section 7 Negotiation, the Conceptual Wetlands Mirigation Plan for Reaches I and 2 of the
Cannon Road Exremion Project, dated January 1997, Appendix A in the Corps 404 permit
application for Cannon Road Reach I, dated February 13,1997; and Appendix A in-the Corps
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> "I Colonel Robert L. Davis (1-w-51)
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404permit application for Cannon Road Reach 2, dated February 13, 1997. Mitigation
measures were also discussed and agreed upon during the June 24,1997 ad July 8,1997
meetings between the Service and the City and Corps. A summary of these measures are listed
below, and will be implemented as part of the proposed action in order to avoid or otherwise
minimize potential adverse effects of the action on listed species:
1. Impacts to 3.3 1 acres of wetlands, represented by 2.48 acres of southern willow riparian and
0.10 acre of brackish marsh wetland (total of 2.58 acres) associated with Reach 1 and 0.59
acres of southern willow riparian and 0.14 acre of open water (total of 0.73 acre) associated
with Reach 2, will be mitigated at a 1 : 1 ratio offsite. The offsite wetland mitigation will
consist of excavating existing agricultural lands adjacent to existing wetlands within Macario
Canyon, upstream of the Macario Canyon bridge site, for the purpose of restoring wetland
hydrology and creating riparian habitat (Attachment 2). Success criteria is intended to be met
within one year of initiating creation, and includes structural, composition, and density of
plant species, as described in the Conceptual Wetlands Mitigation Plan for Reaches I and 2
of the Cannon Road Extension Project, dated Jan~~.ary 1997 and other documents and
meetings referenced above.
2. The riparian mitigation site will be maintained and monitored for a five year period to
commence at the end of the initial planting effort. Maintenance and monitoring of the
restoration site would be performed four times during the first year, two times during the
second year, and once per year for thee subsequent years. A detailed description is provided
in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997.
3. The riparian mitigation site will receive irrigation for at least one year. As agreed upon by
the City and the Service during the July 8,1997 meeting, after one year, the need to continue
irrigation will be evaluated based on the overall survival and vigor of the planted material.
This measure is discussed within the Conceptual Wetlands Mitigation Plan for Reaches I
and 2 of the Cannon Road Extension Project, dated January 1997.
4. The riparian mitigation site will include a 100 foot wide band of upland habitat buffering the
riparian and wetland habitats in perpetuity. During the June 24,1997 meeting between
representatives from the Service and the City, the City agreed to limit active park uses inside
the upland buffer.
5. Temporary impacts to riparian and brackish marsh vegetation resulting from construction of
haul roads, stockpile and staging areas, work areas extending 150 feet from the outside edge ,
of the Reach 1, Macario Canyon bridge, and construction and fill activities adjacent to
riparian vegetation and wetlands located 1,200 feet southwest of the Reach 1 bridge will be
mitigated by revegetating and restoring the impact area'to the original condition before
disturbance. Revegetation will include remedial work such as decompaction and surface
treatment of the ground and restoration of natural contours. The revegetation area would be
monitored for a period of three years. This measure is further discussed on pages 28-30A of
the Final Environmental Impact Report for Reach 1 of Cannon Road in the City of Carlsbad
(EIR 87-2), dated March 21,1989. b
(1018197) file:\consult\canonrd\wnnrd.bo2 . "I
1. ‘ 1 Colonel Robert L. Davis (1 e-F-5 I) e 6
6. Impacts to occupied least Bell’s vireo habitat north of and parallel to Reach 2 would be
reduced by the application of a “tire-noise reducing” close-grade asphalt during the
construction and maintenance of the road surface. This mitigation measure was mutually
agreed to by the City and the Service at the July 8, 1997 meeting on the project.
7. Indirect impacts to least Bell’s vireo and southwestern willow flycatcher fiom vehicle noise
ad light levels along 2,000 feet of Cannon Road adjacent to Agua Hedionda Creek will be
compensated for by contributing $150,000 (12.4% of a total $1.2 million endowment)
referenced in the Property Analysis Record (P.A.R.) (Attachment 3) and prepared by the
Center for Natural Lands Management. The City would also fund any outstanding start-up
costs described in the P.A.R. that have not been funded by the time of commencement of the
construction of the proposed Cannon Road, Reaches ,1 and 2. The P.A.R. determined the
type and cost of wildlife management practices (including brown-headed cowbird trapping,
non-native plant control, human and equestrian access restrictions, and trash cleanup) in
perpetuity in 186 acres riparian habitat located in the Agua Hedionda Creek floodplain, on
the Kelly Ranch property, and immediately adjacent to the project. This 186-acre site was
part of a mitigation package approved under the original Corps permit and has a 22-year
irrevocable offer to the Department in fee title. This compensation measure is further
discussed in the letter fiom the Center for Natural Lands Management to the City, dated
August 4,1997 .and the letter from the City, dated September 11; 1997.
8. Impacts to least Bell’s vireo habitat, resulting fiom night-time street light levels will be
reduced by placing shields on light fixtures and directing them away from riparian habitat to
prevent illumination or “spillover” onto riparian habitat. This compensation measure was
mutually agreed to by the City and the Service in a June 24, 1997 meeting on the project.
9. In an effort to reduce vehicle noise in adjacent riparian habitat in Macario Canyon and its
unnamed creek, a solid three foot high sound barrier would be constructed on the north side
of the bridge and a solid four foot high sound barrier would be constructed on the south side
of the bridge. This mitigation measure was proposed by the City during consultation with the
Service for the original Cannon Road Reach 1 project, and was described in measure number
3 in the section titled “Project Description” on page 3 of the previous Biological Opinion (1 -
6-92-F034), dated April 7,1992.
10. Impacts to least Bell’s vireo and southwestern willow flycatcher occupied riparian habitat in
Macario Canyon resulting from edge effects would be mitigated by enhancing riparian
habitat through the removal of pampas grass within 28 acres of wetlands in Macario Canyon.
The first removal effort would be initiated wi~ 12 months after the commencement of the
project referenced above: All pampas grass shall be removed within Macario Canyon within
24 months -after commencement of the project, and continue for a period of five years: This
measure is in addition to the measure associated with the P.A.R., and is further discussed in
the Conceptual Wetlands Mitigation Plan for Reaches I and 2 of the Cannon Road Extension
Project, dated Janw 1997. This time fiame for pampas grass removal was mutually agreed
to by the City and the Service in a June 24,1997 meeting on the project.
(I 018/97) file:\consult\canonrd\cannrd.bo2
1 ’ 1 Colonel Robert L. Davis (1-0-F-51)’
’I 0 7
1 1. Impacts to least Bell’s vireo and southwestern willow flycatcher occupied riparian habitat in
Macario Canyon resulting from edge effects would be mitigated by conducting brown-
headed cowbird trapping program. The program will result in the placement of five brown-
headed cowbird traps within and adjacent to the riparian vegetation. Trapping will take place
during the least Bell’s vireo breeding season (March 15 through September 15). The frst
trapping effort would begin during the first breeding season after the commencement of the
project referenced above, and continue for a peiod of five years. This measure is in addition
to the measure associated with the P.A.R., and is further discussed in the Conceptual
; Wetlands Mitigation Plan for Reaches I and 2 of the Cannon Road Extension Project, dated
January 1997.
12. Indirect impacts to Agua Hedionda Lagoon and its adjacent wetlands will be reduced by
implementing a sediment and erosion control program. These measures are Mer discussed
in the FEIR (EIR 87-2), dated March 21,1989.
13. Indirect impacts to riparian ind wetland habitat would be reduced by fencing the right-of-way
with a drift fence to prevent erosion and sedimentation. This measure is further discussed in
the FEIR (EIR 87-2), dated March 21,1989 and Appendix A in the .Corps 404permit
application for Cannon RoadReach 2, dated February 13,1997.
14. Construction $11 ‘only occur fiom September 15 through March 15, if the least Bell’s vireo
occupies riparian habitats within the project area. This mitigation measure was proposed by
the City during the June 24,1997 meeting between the Service and the City and during
consultation with the Service for the original Cannon Road Reach 1 project, and was
described in measure number 3 in.the section titled “Project Description” on page 3 of the
previous Bioiogical Opinion (1-6-92-F-34), dated April 7, 1992.
15. Impacts to 3.1 acres of southern maritime chaparral and indirect impacts to Del Mar
manzanita will be mitigated through off-site preservation of 6.2 acres of southern maritime
chaparral supporting Del Mar manzanita. The acquisition of this mitigation land will be
finalized within 6 months of the date of this Biological Opinion. This mitigation measure
was agreed to in a July 23,1997 telephone conversation between Ellen Berryman of the
Service and Betty Dehoney, the City’s consultant. Ms. Dehoney indicated that the City
agreed to this mitigation measure, and the Service concurred in a letter to the City, dated July
23, 1997.
16. Indirect impacts to Del Mai mdta will be reduced by placing temporary fencing,
barriers, and signage at the construction boundary in the vicinity of this species’ occurrence,
to remain during construction activities. This mitigation measure was agreed to in a July 23,
1997 telephone conversation between Ellen.Benyman of the Service and Betty Dehoney, the
Cityk consultant, and further described in the letter fiom the City, dated August 12,1997
regarding the Dra@ Biological Opinion on the Cannon Road (Reaches I and 2) Permit.
&plication No 97-20130-TCD and 97-20131-TCD), City of Carlsbad California (1-6-97-F-
51).
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I 1 ’ 1 Colonel Robert L. Davis (1-w-51) 0 8
t
17. The project will be consistent with the condition of the Habitat Loss Permit for coastal sage
scrub pursuant to the special 4(d) rule for the California gnatcatcher. The City requested this
measure in a letter to the Service regarding Inferim Habitat Loss Permits for Cannon Road
West Reaches I and 2; Ciry of Carlsbad Project No. 3184, dated June 23, 1997.
EFFECTS OF THE PROPOSED ACTION ON THE LISTED SPECIES
Species Account
Least Bell’s VireQ
The least Bell’s vireo is a smaI1, olive-gray, migratory songbird that nests and forages almost
exclusively in riparian woodland’habitats (Garrett and Dunn 1981, Gray and Greaves 198 1,
Miner 1989). All subspecies of Bel’s vireo (Vireo bellifi, including the least Bell’s vireo, are
almost exclusively insectivorous (Chapin 1925) and highly territorial (l3arlow 1,962, Fitch 1958,
Salata 1983a). .
Historically, the least Bell’s vireo ranged from Red Bluff, California in the north, to northwestern
Baja California, Mexico in the south. The least Bell’s vireo was also known to occur as far east
as the Owens Valley, Death Valley, and along the Mojave River. It was described as common to
abundant in appropriate riparian habitats (Grinnell and Miller 1944, Grinnell and Storer 1924,
Willett 1933). Currently, the species occupies a very small fraction of its former range
(Goldwasser et al. 1980, US. Fish and Wildlife Service 1986). In 1986, surveys indicated that
there were approximately 397 territorial male least Bell’s vireos in the United States. Since that
time, legal protection and active management have resulted in an increase-in the population.
Surveys conducted in I994 indicated that there were approximately 927 temtorial male least
Bell’s vireos in the United States. In 1994, approximately 70 percent of least Bell’s vireos were
concentrated in just five localities. In 1996, the population of this species was estimated at
approximately 1,500 breeding pairs.
Least Bell’s vireos generally begin to establish breeding territories by mid- to late-March
(Garrett and Dm, 1981, Salata 1983% Salata 1983b, Hays 1989, Pike and Hays, 1992). Most
breeding least Bell’s vireos depart their breeding grounds by the third week of September, and
only a very few are found wintering in the United States (Garrett and Dunn 198 1, Pike and Hays
1992, Salata 1983% Salata 1983b). Tenitory sizes of nesting vireos range in size from one to
four acres (Gray and Greaves 198 1).
Although the least Bell’s vireo occupies home ranges that typically range in size fi-om 0.5 to 4.5
acres, a few may be as large as 10 acres. In’some areas, least Bell’s vireos will also use adjacent
upland habitats for foraging (Salata 1983a). .
&
Least Bell’s vireo nesting habitat typically consists of well-developed overstories, understories,
and lew densities of aquatic and herbaceous cover (Hays 1986, Hays 1989, Salata 1983% Zembal
1984, Zembal et al. 1985). The understory frequently contains dense subshrub or shrub thickets.
These thickets are often dominated by.sandbar willow, mule fat, young individuals of other
willow species such as arroyo willow or black willow, and one or more herbaceous species
(10/8/97) file:\consult\canonrd\cpnrd.bo2
.I ’; i Colonel Robert L. Davis (1 7-F-5 1) e
t
e 9
(Salata 1983% Salata 1983b, ZembaI 1984, Zembal et al. 1985). Significant overstory species
include mature arroyo willow and black willow. Occasional cottonwood (Populus sp.) and
western sycamore (Platanus racemosa) occur in some areas used by the least Bell’s vireo. Coast
live oak (Quercus agrifolia) may also make locally important contributions to the overstory.
As much as 90 percent of the original extent of riparian woodland in California has been
eliminated, and most of the remaining 10 percent is in a degraded condition (Dahl 1990). It
appears that least Bell’s vireos nesting in areas containing a high proportion of degraded habitat
have lower productivity (e.g., hatching success) than those in areas of high quality riparian
woodland (Pike and Hays 1992). Additionally, widespread habitat losses have fiagmented most
remaining populations into small, disjunct, widely dispersed subpopulations (Franzreb 1989).
Habitat fragmentation negatively affects abundance and distribution of neotropical migratory
songbirds, in pa by increasing incidence of nest predation and parasitism (Small and Hunter
1988).
Least Bell’s vireos are sensitive to many forms of human disturbance including noise, night
lighting, and consistent human presence in an area. Excessive noise is believed to be capable of
causing least Bell’s vireos to abandon an area and/or decrease their reproductive success.
Greeves (1 989) hypothesized that the lack of breeding least Bell’s vireos in apparently suitable
habitat was due to human disturbances (e.g., bulldozers, off-highway vehicles, and hiker travel).
He further suggested that buffer zones between natural areas and surrounding degraded and
disturbed areas could be used to increase the suitability of some riparian habitat for this species.
Because of the decline of least Bell’s vireos (U.S Fish and Wildlife Service 1986), attributable in
~ZII tc be wliilvined, perhaps synergistic, effects of the ‘widespread destruction of riparian
habitats and brood-parasitism by the brown-headed cowbird (Garrett and Dunn 1981), the least
Bell’s vireo was listed as endangered on May 2, 1986 (Federal Register 5 1 : 16474). Critical
habitat for the least Bell’s vireo was designated by the Service on March 4, 1994.
Least Bell’s vireo have been regularly detected occupying riparian and adjacent upland habitats
in Macario Canyon within and immediately adjacent to the proposed Reach 1 bridge right-of-
way during the past decade. For example, biological surveys of Macario Canyon in 1990,1992,
and 1993 resulted in detecting this species at the mouth of the canyon (RECON 1990; P&D
Environmental Services 1992 and 1993). More recently, surveys conducted on May 19 and 29,
1995 resulted in detecting four least BelI’s vireo in Macario Canyon, with one nesting pair and
juvenile iocated near the mouth of the Canyon (the approximate location of the Reach 1 bridge
right-of-way) and one male in riparian habitat east of the right-of-way (Tetra Tech, Inc. 1995).
Between April 12 and June 21,1996, one pair of least Bell’s vireo was detected in riparian
habitat approximately one-hundred feet east of the Reach I right-of-way, and one singing male
within the Reach 1 right-of-way (Tetra Tech, Inc. 1996b) (Attachment 4). The most recent
surveys -sf Reach 1 were conducted between May and July 1997, and resulted in detecting one
least Bell’s vireo within the right-of-way in Macario Canyon (Tetra Tech, Inc, unpublished &b).
On Jdy 9, 1997, Jeff Manning of the Service detected an adult male and one juvenile least Bell’s
vireo in Macario Canyon within the project right-of-way.
(1 0/8/97) file:\consult\canonrd\cannrd.bo2
’ 1 Colonel Robert L. Davis (1 e7-F-5 1)
\ a 10
During the 1995 surveys of Reach 1 , individual vireos were also observed foraging in adjacent
upland habitats (Tetra Tech, Inc. 1995). This is consistent with the findings of Kus and Minor
(1988), which suggests the value of these upland areas for least Bell’s vireo. RECON (1 990)
elaborated on this topic by suggesting that upland areas adjacent to narrow riparian habitats be
considered as part of a least Bell’s vireo territory or biological buffer situated between riparian
habitat and a planning beer (RECON 1990).
Biological surveys of the Reach 2 right-of-way and adjacent ‘riparian habitat were conducted by
three separate entities. Surveys conducted on June 24 and July 4,1997 by Vaaus &&gica\
Services, hc., (unpublished data) resulted in locating a population of at least 12-1 5 breeding
pairs of least Bell’s vireo within the riparian habitat of the Agua Hedionda Creek floodplain
(Attachment 5). This survey detected a least Bell’s vireo within 700 feet downstream of the El
Camino Real bridge. Tetra Tech, Inc. (unpublished data) reported three territorial least Bell’s
vireo approximately 0.25 and 0.35 mile downstream of the El Camino Real bridge, and one as
close as 500 feet. These individual least Bell’s vireos within 0.3 mile downstream of the bridge,
were detected during previous surveys conducted in 1996 (Brian Arnold of Tetra Tech, Inc., pers
cornm.). On July 16,1997, Jeff Manning of the Service and Tim Dillingham of the Department
detected an adult male least Bell’s vireo adjacent to the project right-of-way within 300 feet
downstream of%? 2; Cz~h Xed bridge. This sighting is believed to represent a least Bell’s
vireo territory in addition to those detected in the former surveys. The combined survey results
referenced above identify a total of 13 to 16 least Bell’s vireo territories in Agua Hedionda
Creek. Thirteen of these breeding pairs are located within 500 feet from the Reach 2 right-of-
way, three territories extend into the uplands within the project right-of-way, and at least one nes
Was detected less than 100 feet horn the northern edge of the Reach 2 right-of-way.
Southwestern Willow Flvcatcher
The southwestern willow flycatcher is one of four subspecies of the willow flycatcher
(Empidonax traillii) recognized in North America (Hubbard 1987, Unitt 1987, Browning 1993).
The southwestern willow flycatcher is a relatively small, insectivorous neotropical migrant bird
with a whitish throat, grayish-green back, a light olive breast, and a pale yellowish belly. -
The breeding range of the southwestern willow flycatcher includes southern California, Arizona,
New Mexico, southern portions of Nevada and Utah, western Texas, southwestern Colorado, anc
extreme northwestern Mexico (Hubbard 1987, Unitt 1987, Browning 1993). Southwestern
willow flycatchers winter in Mexico, Central America, and northern South America (Phillips
1948, AOU 1983).
southwestern willow flycatchers are late spring breeders, typically raising one brood per year.
They are generally present and singing on breeding territories by mid-May and fledge young in
early July (Willett 1’912, Ligon 1961, Brown 1988, Whitfield 1990). Southwestern willow
flycatchers are generally gone from breeding grounds in southern California by late August and
are exceedingly scarce in the United States after mid-October (Garrett and Dunn 198 I).
The southwestern willow flycatcher occurs in riparian habitats along rivers, streams, and other
wetland habitats where dense growths of willows, Baccharis sp., arrowweed (Pluchea sp.),
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1 , I ' Colonel Robert L. Davis (1 -0-F-5 1) e 11
buttonbush (Cephalanthus sp.), or other plants of similar structure and form are present (Grinnell
and Miller 1944, Phillips 1948, Hubbard 1987, Unitt 1987, Brown and Trosset 1989, Whitfield
1990, Brown 1991). Overstories in occupied habitats are often composed of willows or
cottonwoods (Unitt 1987, Whitfield 1990, Brown 1991).
The present existence of small population segments of southwestern willow flycatchers make the
species increasingly susceptible to local extirpation through stochastic events such as flood, fire,
brood parasitism, predation, and land development. Habitat fragmentation can negatively affect
the abundance and distribution of southwestern willow flycatchers by increasing incidences of
nest predation and parasitism (Small and Hunter 1988). Whitfield (1990) found that predation on
willow flycatcher nests increased with decreasing distance fiom nests to thicket edges,
suggesting that habitat fragmentation may increase the threat of predation. McCabe (1 99 1)
reported that brown-headed cowbirds lay their eggs in songbird nests closest to the edge of the
habitat.
Southwestern willow flycatcher habitat can be degraded and direct disturbances can result from
human activity within or adjacent to riparian areas (Taylor 1986). Blakesley and Reese (1988)
found a negative correlation between human activity in riparian corridors and flycatcher
abundance. Human activities that can adversely affect flycatchers include excessive noise, night
lighting, and consistent human presence in an area.
Throughout the known range of the southwestern willow flycatcher, occupied riparian habitats
tend to be widely separated. The Southwestern willow flycatcher has suffered extensive losses
from habitat destruction or modification due to grazing, flood control projects, and other water or
land development projects [see, in particular Dahl(1990), Klebenow and Oakleaf (1 984), and
Taylor and Littlefield (1986)l. The species is additionally affected by a variety of other factors,
including brood parasitism by brown-headed cowbirds (Unitt 1987, Ehrlich et al. 1992).
Parasitism rates of southwestern willow flycatcher nests have recently ranged from 50 to SO
percent in California (Whitfield 1990, M. Whitfield and S. Laymon, unpublished data) and to
100 percent in the Grand Canyon in 1993. Mayfield (1 977) thought that a species (or
population) could probably survive up to a 24 percent nest parasitism rate.
Unitt (1 9 87) reviewed historical and contemporary records ofthe southwestern willow
flycatcher throughout its range and determined that the species had declined precipitousiy during
the last 50 years. He argued convincingly that the southwestern wiilow flycatcher is faring
poorly throughout much of its breeding range, and postulated that the "known southwestern
willow flycatcher population in the California range of exfirnus consists of 87 pairs" and that the
''total population of the subspecies is well under 1,000 pairs; ... 500 is more likely," A composite
of more current information indicates continuing population declines, poor reproductive
performance, and continued threats to most remaining populations (e.g., Brown 1991, Whitfield
and Laymon, in lit. 1993).
Southwestern willow flycatchers were once considered widely distributed and common in
California, occurring wherever suitable habitat existed in the Los Angeles Basin, San
Bernardino, Riverside and San Diego Counties, and the lower Colorado River basin (Grinnell
and Miller 1944, Unitt 1987, Willet 1912, 1933). Currently in California, Southwestern willow
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1 ‘’ ’ Colonel Robert L. Davis (le-F-51) 0 12
a.
flycatchers exist only in small disjunct groups and have been extirpated frorathe lower Colorado
River (Hunter et al. 1987, Unitt i987, Rosenberg et al. 1991). Due to the decline,. the
southwestern willow flycatcher was listed as endangered on February 27, 1995 (Federal Register
60: 10694). In addition, critical habitat was proposed for this species on February 27,1995
(Federa2 Register 60: 10694) and designated on July 22, 1997 (Federal Register 62: 140).
During the least Bell’s vireo surveys of the riparian habitat in and adjacent to the Reach 1 right-
of-way in Macario Canyon conducted on June 7,1996, two individual southwestern willow
flycatchers were observed approximately 200 feet upstream from the right-of-way (Tetra Tech,
Inc. 1996b). Comprehensive surveys were not completed in 1996 to determine their nesting
status, however they were suspected to be transitory (Tetra Tech, Inc. 1996b). Two individual
southwestern willow flycatchers were observed during surveys conducted by Karen Miner on
May 3 1,lY 9 7 and June 6,1997, however these bkds were not observed during subsequent
surveys conducted on June 27 and July 11,1997 (Tetra Tech, Inc., unpublished data). No
southwestern willow flycatchers were detected during non-intensive, spot z-neys conducted in
the riparian habitats of the Agua Hedionda floodplain during June 24,1997 and July 4,1997
biological surveys conducted by Varanus Biological Services, Inc.). Bill Haas of Varanus
Biological Services, Inc. reported that riparian habitat in the vicinity of Agua Hedionda Creek is
suitable for southwestern willow flycatcher, and is possibly important as a migratory stopover
location (Varanus Biological Services, Inc., unpublished data). To date, the nearest breeding
southwestern willow flycatchers are located along the Santa Margarita River on Camp Pendleton
and possibly along the San Luis Rey River, near Interstate 5 (Varanw Biological Services, Inc.,
unpublished data).
Del Mar Manzanita
Del Mar manzanita is a shrub species in the Ericaceae family and is endemic to the coastal regio1 of southern san Diego County, California and northern Baja California, Mexico. It is a
component of southern maritime chaparral. Roberts (1 993) estimates that 88 percent of the
remaining 2,500 acres of southern maritime chaparral in San Diego County provides habitat for
Del Mar manzanita.
Del Mar manzanita is restricted to sandstone terraces and bluffs from the City of Carlsbad south
to Torrey Pines State Park, extending inland on Del Mar Mesa and into the community of
Rancho Santa Fe, San Diego County, California. The majority of the populations occur within
four miles of the coast. The population of Del Mar manzanita in San Diego County has declined
by approximately 50 percent since 1982; approximately 7,500 to 8,700 individuals remain withir
25 populations in San Diego County (Roberts 1993). Del Mar manzanita was federally listed as
endangered on October 7,1996 (61 FR: 52370) due to substantial habitat reduction and
fragmentation of southern maritime chaparral habitat, decliig numbers of individuals, and the
inadequacy of existing regulatory mechanisms to adequately provide for the conservation of the
species. Critical habitat has not been designated for this species, and a recovery plan has not beel
adopted. A detailed account of the status, distribution, taxonomy, ecology, and reproductive
characteristics of Del Mar manzanita is presented in the final rule which is hereby incorporated
by reference.
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\ ,’ 1 Colonel Robert L. Davis (la-F-51) e 13
t
Based on information provided in a letter from the City, dated June 23, 1997,3.1 acres of
southern maritime chaparral is present within the direct impact area of Cannon Road the Reach 1 ..
A vegetation map titled “San Diego Gas and Electric Encina East Property Vegetation and
Cannon Road Easement Map,” dated May 7,1997 and the letter to the City from Tetra Tech,
Inc., dated August 18, 1997, indicate the locations of two individual Del Mar manzanita plants
present in southem maritime chaparral directly adjacent to the proposed grading footprint for
Cannon Road.
ANALYSIS OF IMPACTS
Direct Impacts
One least Bell’s vireo breeding territory lies within the project right-of-way in Reach 1, Macario
Canyon. Construction activities for the Reach 1 bridge, spanning over Macario Canyon and its
unnamed creek, including grrlliag and filling, will result in the direct, permanent loss of 1 .O acre
of riparian habitat. An.additionalO.9 acre of riparian habitat will be permanently lost based on
the RECON (1 989) analysis that determined that no vegetation is expected to grow beneath the
bridge structure. The total direct, permanent impacts within Reach 1 are the loss of 1.9 acres of
vireo habitat (1.8 acres of southern willow riparian and 0.1 acres of brackish marsh) and the harm
of one breeding pair .of least Bell’s vireo occupying riparian habitat within the footprint of the
bridge (Attachment 4; Table 1).
Table 1. Cannon Road, Reach 1 impact analysis.
Habitadspecies Permanent, direct Permanent, indirect Temporary, direct
impacts impacts impacts
Southern willow riparian 1.8l acres 7.22 acres 3.13 acres
Brackish marsh 0.10 acres
Open water
Maritime Chaparral 3.10 acres 3’ acres 0
least Bell’s vireo 1 breeding pair4 1 breeding pair4 1 breeding pair4
southwestern willow 0 3 individuals 0
flycatcher
Del Mar manzanita 0 0 0
1
2 1.8 acres of riparian (Corps permit application).
Edge effects including noise impacts to least Bell’s vireo and increased human access within this acreage: 500
(bridge length). Calculation based on Caltrans sound level reduction scale, dated May 7,1997 and minimum car
and truck traffic noise levels of 70 dBA Leq.
One breeding pair will experience direct, indirect, and temporary impacts resulting from Reach 1.
Approximate acreage based on SDG&E Encina East Property Veg. & Cannon Road Easement Map, dated May 7,
1991.
feet (riparian vegetation upsQeam of bridge) + 200 feet (riparian habitat present downstream of bridge) X 450
‘ 300 feet (150 feet on both sides of bridge from FEZR 1989) X 450 feet (bridge length). 4
S
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j .' I Colonel Robert L. Davis (1 -@7-F-5 1) e 14
The estimated, temporary construction impact area for the Reach 1 bridge, spanning over
Macario Canyon and its unnamed creek is 150 feet to either side of the bridge (RECON 1989).
This construction area would result in a direct, temporary impact to one breeding pair of least
Bell's vireo through the temporary destsuction of 3.1 acres of southwestern d10~ ;Par;=
(Table 1). The destruction of riparian vegetation would harm the breeding pair of least Bell's
vireo through the temporarily removal foraging, roosting, and nesting habitats fiom the territory.
The construction of Reach 1 will also result in the direct loss of 3.1 acres of southern maritime
chaparral and is expected to impact two individual Del Mar manzanita plants. Due to the close
proximity of the manzanita to the proposed direct impact area, this species may be inadvertently
impacted during grading and other construction related activities.
Attachment 5 shows the location of three least Bell's vireo breeding territories within the Agua
Hediondo Creek floodplain that encompass portions of upland habitat within the Reach 2 right-
of-way (Varanus Biological Services, Inc., unpublished data). All of these territories were
considered to be breeding territories by Varanus Biological Services, Inc. (unpublished data).
Three of these territories extend into upland habitats (mulefat scrub and coastal sage scrub)
within the Reach 2 right-of-way. Construction of Reach 2 includes the removal of up to two feet
of upland soil, placement of cement and asphalt, and placement of electrical and drainage
facilities within the 1.02-foot-wide right-of-way graded in 1989 under the original Corps permit.
These construction'activities will occur in Reach 2 fiom El Camino Real along a 2,000-foot
distance'in a westerly direction, paralleling the adjacent riparian habitats of Agua Hedionda
Creek. These activities will result in the ham of three pairs of least Bell's vireos occupying
territories comprised of riparian, wetland, and upland vegetation adjacent to the Reach 2 right-of-
way and upland habitat patches within the Reach 2 right-of-way (Attachment 5; Table 2). The
destruction of these habitats documented by the Service to be utilized by the least Bell's vireo
would result in the permanent removal of vegetation that may be essential as foraging, roosting,
and nesting habitat in each of these three least Bell's vireo territories.
Table 2. Cannon Raad, Reach 2 impact analysis.
HabitatlSpecies Permanent, direct Permanent, indirect Temporary, direct
impacts impacts impacts
Southern willow dp&m 0.59' acres 232 acres
Brackish marsh
Open water 0.14 acres
Maritime Chaparral 0 0 0
least Bell's vireo 3 breeding pairs 14 breeding pairs3 0
southwestern willow not disclosed not disclosed not disclosed
flycatcher
Del Mmhta 0 0 0
1 0.1 6 acres (willow scrub from 404 permit application) + 0.43 (disturbed riparian scrub from 404 permit
application).
Edge effects including noise impacts to least Bell's vireo and increased human intrusion within this acreage: 500
feet (riparian vegetation adjacent to Reach 2) X 2,000 feet (length of Reach 2 with riparian vegetation adjacent to
2
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I
‘I ,‘ $ Colonel Robert L. Davis (1-e-F-51) e 15
it). Calculation based on Caltrans sound level reduction scale, date$ May 7, 1997 and minimum cx mdm&
traffic noise levels of 70 &A Leq.
3 Includes three breedkg pairs that wouid experience permanent, direct impacts resulting from Reach 2.
. Reach 2 also includes the construction of a bridge spanning over Agua Hedionda Creek. These
construction activities would result in the direct, permanent destruction of 0.59 acre of
southwestern willow riparian and 0.14 acre of open water (Table 2). The construction of this
bridge is not expected to result in direct impacts to least Bell’s vireo and southwestern willow
flycatchers. No permanent or temporary impacts to riparian, wetland, and least Bell’s vireo
territories are expected to occur outside of the 100 foot wide footprint of the Reach 2 bridge
extending over Agua Hedionda Creek. To mininiize effects of the Cannon Road Reaches 1 and 2
project on least Bell’s vireo and southwestern willow flycatcher, the City proposes to perform
‘construction activities outside of the nesting season of these two species if hey occupy r;pGm
habitat along Agua Hedionda Creek’and in Macario Canyon.
Indirect Impacts
Based on the California Department of Transportation’s (Caltrans) table titled “Reduction ofA-
scale sound level at various distancesfiom a vehicular “line source, ” relative to 50fr distance,
using the dropofrate of 3.0 d3Aper double distance” (Caltrans sound level reduction scale)
(Attachment 6) and an estimated minimum vehicular noise level of 70 dBA for this project
(based on expected traffic type and volumes described in the FEIR 1989), it is estimated the
vehicular noise levels would exceed 60 dBA Leq up to a distance of 500 feet out from the project
right-of-way. Noise abovc 50 dBA Leq is believed to be capable of disrupting normal behavior
afthis species. Noise fiom vehicles may interfere with courtship behavior or cause temporary or
permanent abandonment of the nesting territory. Excessive noise can mask the song of a male
vireo, thereby inhibiting his chance of attracting a mate. A response of a male least Bell’s vireo
in attempting to establish territory or a pair of vireos trying to maintain a territory while exposed
to excessive noise for a prolonged period can be the abandonment of a nesting territory.
Excessive noise c8n also mask the presence of predators of the least Bell’s vireo.
The proposed Reach 1 bridge, spanning over Macario Canyon and its unnamed creek will result
in an indirect impact to one breeding pair of least Bell’s vireo occupying riparian within 7.2 acres
of riparian willow habitat through edge effects including harassment associated with car and
truck traffc noise and increased human access (Table 1). Noise impacts to southwestern willow
flycatchers is currently less studied than that of the least Bell’s vireo. To the extent that
operations near occupied southwestern willow flycatcher habitat would occur in the breeding
season, it is possible that flycatchers would be adversely affected by car and truck trafEc noise.
Car and truck traffic noise levels associated with the Reach 1 bridge will result in an indirect
impact to three individual, non-breeding southwestern willow flycatchers located approximately
200 feet upstream of the bridge within the 7.2 acres of riparian habitat referenced above. These
impacfs to these species.are expected to occur for the life of the project.
Reach’2 will indirectly impact 14 breeding pairs of least Bell’s vireo occupying 23 acres of
southern willow riparian habitat through harassment associated with car and truck trafEc noise
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.I ,’ I Colonel Robert L. Davis (le-F-51) e 16
and increased human access (Table 2). These impacts are based on the Caltram sound level
reduction scale (Attachment 6) and these territories being located less than 500 feet from the
Reach 2 right-of-way (Attachment 5). Focused surveys for southwestern willow flycatcher were
not performed within the 23 acres of riparian habitat that will experience increased noise levels
fi-om car and truck trafEc. Therefore impacts to this species in Reach 2 cannot be adequately
determined. Impacts to this species from car and truck traffic noise are projected to be similar to
that of the least Bell’s vireo.
The City has incorporated several project features to reduce car and truck noise levels exceeding
60 dBA Leq within adjacent riparian habitat. The City proposes to constsuct a ace footkgh
sound barrier on the north side and a four foot high sound barrier on the south side of the Reach 1
bridge, spanning over Macario Canyon and its unnamed creek. Both barriers will extend beyond
the ends of the bridge. Given that the majority of the Reach 2 right-of-way alignment abuts
riparian vegetation, it was determined that the construction of a sound wall would not be a
practicable alternative in reducing ambient noise levels to 60 dBA Leq. The road surface on bl=5
Reaches would be constructed with close-grade asphalt to aid in reducing vehicular tire noise,
The Service estim~ks that these project features may aid in reducing w and truck traffic noise
levels to 70 dBA Leq.
In addition to noise, .it is anticipated that there may be potential impacts to least Bell’s vireo
1 ~~~diqg _” knh-ies associated with street and vehicular lighting. These impacts would occur at
the Reach 1 bridge, spanning over Macario Canyon and its unnamed creek, the Kea& 2 bridge
extending over Agua Hedionda creek, and along the 2,000-foot distance of Reach 2 paralleling
Agua Hedionda Creek. Increased background levels of luminescence from street lights and
vehicle lights at least Bell’s vireo nest locations may lead to increased predation of eggs or vireo
young by predators. The project applicant proposes to place shields on light fuctures and direct
them away from riparian habitat to prevent lighting spillover onto least Bell’s vireo habitat. This
is anticipated to avoid lighting spillover impacts associated with street lighting.
The construction of Reach 1 is expected to indirectly impact the remaining approximately 3 acres
of maritime chaparral and two individual Del Mar manzanita plants through edge effects
including increased human access, alteration of natural run-off, and alteration of drainage
patterns where this plant species occurs. In addition, due to the close proximity of the manzanita
to the proposed direct impact area, this species may be inadvertently impacted during grading
and other construction related activities.
The Service believes the impacts described above would not jeopardize the continued existence
of the least Bell’s vireo, southwestern willow flycatcher, or the Del Mar manzanita. We present
this conclusion because the project sponsor has incorporated significant compensation measures
including: 1) replacement through revegetation-of any riparian and wetland habitat permanently
destroyed by project construction activities at a 1 : 1 area ratio prior to construction, 2)
replacement through revegetation of any riparian and wetland habitat temporarily destroyed by
project construction activities at a 1:l ratio within the temporary impact area, 3) the
implementation of a cowbird trapping program, 4) the initiation of a pampas grass removal
program, 5) the contribution of $150,000 (12.4% of the total endowment cost) and any
outstanding start-up costs into a non-wasting, interest bearing account for the purpose of funding
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I .’ ’ Colonel Robert L. Davis (1 -@-F-5 1)
1
<
a 17
wildlife habitat management practices in perpetuity within the 186-acre riparian habitat area, 6)
use of noise barriers on Reach 1 -bridge, spanning over Macario Canyon and its unnamed creek to
reduce vehicle noise, 7) use of shields on street lights to minimize the “spillover” of light on
adjacent riparian habitats, and 8) construction outside of the least Bell’s vireo and southwestern
willow flycatcher breeding seasons.
Cumulative Effects
Cumdative effects are those impacts of future, non-Federal (State, local government and private)
activities affecting endangered and threatened species or critical habitat that are reasonably
certain to occur during the course of the Federal activity subject to consultation. Future Federal
actions will be subject to the consultation requirements established in section 7 of the Act and,
therefore, are not considered cumulative to the proposed action.
Actions that are reasonably certain to occur whkk will adversely affect the least Bell’s vireo and
southwestern willow flycatcher include development of privately owned lands adjacent to
riparian corridors that con& either existing or the potentid for future quality least Bell’s vireo
or southwestern willow flycatcher habitat. Lights, noise, domestic pets, increased disturbances,
probably an increase in cowbird numbers, and loss of adjacent upland buffer and foraging habitat
will occur throughout the.range of the least Bell’s vireo. The increase of cowbirds throughout
coastal Southern California apparently has been the result of the proliferation of suitable cowbird
feeding areas, inclu.ding golf courses, parks, and stables. The Service’ believes that habitat
Cesrmction, cowbird parasitism, and indirect impacts currently limit the distribution and potential
expansion of least Bell’s vireos and southwestern willow flycatchers.
Additionally, given the number of unauthorized discharges of fill material and unregulated
clearing of riparian vegetation that occur within the range of the vireo, it is reasonable to assume
that these activities will continue to result in the destruction of suitable and potential least Bell’s
vireo and southwestern willow flycatcher habitat. For example, the Service is aware of one
unauthorized activity in Agua Hedionda Creek overlapping the Reach 2 bridge right-of-way that
resulted in the grading and removal of approximately 0.5 acre of riparian vegetation. It has
recently been reported to the Service that riparian vegetation in Macario Canyon was pruned
adjacent to agricultural fields in 1997. The Service is also aware of hand clearing of mature
willow trees and other riparian vegetation on the northern side of the Agua Hedionda Creek
floodplain.
The City has incorporated Macario Canyon in their Master Plan as a major regional active park.
Active park uses within Macario Canyon and its riparian and wetland habitats‘include a golf
course, ball fields, an amphitheater, and tennis courts. According to the letter from the City,
dated August 20,1997, the City proposes to design a future 14-foot wide golf cart through the
riparianhabitat in Macario Canyon in the vicinity of the proposed mitigation site for the Cannon
Road project. The golf cart path is part of the City’s municipal golf course. Additionally, the
City is currently evaluating the location of a new road (Faraday Avenue) that spans’the length of
Macario Canyon on its northern, upland slope. The Kelly Ranch General Plan includes proposed
major developments and roads on the upland slopes along the south side of Reach 2, ad the City
plans to propose widening of Park Drive along the northern side of Agua Hedionda Creek and
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‘1 ,’ ’ Colonel Robert L. Davis (1 -@-F-5 1) e 18
4
wetlands. These activities are likely to further degrade the values of the riparian and wetland
vegetation in Macario Canyon and Agua Hedionda Creek floodplain as breeding and foraging
habitat for least Bell’s vireo and southwestern willow flycatcher through lights, noise and
disturbances, if not direct habitat loss.
The majority of activities anticipated to affect the Del Mar manzanita within the f~~~s~~&\e
fufure are iocd urban development projects. Proposed projects that are expected to impact Del
Mar manzanita in the City include Carlsbad Municipal Golf Course, Villages of La Costa, and
Poinsettia Hills. Two regional conservation planning efforts, the Multiple Species Conservation
Plan (MSCP) and the Multiple Habitat Conservation Plan (MHCP) encompass the United States
range of this species and include Del Mar manzanita as a target for conservation. The ultimate
result of this regional planning process is subject to the Service’s review, and if successfbl, such
efforts are expected to preclude significant cumulative effects upon Del Mar m_anzanita.
C~ ST. JVMARY
After reviewing the current status of the least BelI’s vireo, southwestern willow flycatcher, and
Del Mar manzanita, the environmental conditions of the project area, the effects of the proposed
Cannon Road, Reaches 1 and 2 project, and the cumulative effects, it is the Service’s biological
opinion that the Cannon Road, Reaches 1 and 2 project is not likely to jeopardize the continued
existence of the least Bell’s vireo, southwestem willow flycatcher, and Del Mar manzanita.
vL~LIb~ Alcvndi lor the least Bell’s vireo and southwestern willow flycatcher have been
designated as described in the species account section, however, this action does not affect those
areas, and no destruction or adverse modification of that critical habitat will occur as a result of
the proposed action.
We base this conclusion on the following considerations: 1) effect of the action, including
avoidance and mitigation measures proposed as part of the description of the action; 2) the
importance of Agua Hedionda Creek and Macario Canyon to the survival and recovery of the
least Bell’s vireo and southwestern willow flycatcher; and 3) the-endangered status of the least
Bell’s vireo, southwestern willow flycatcher, and Del Mar manzanita. With the off-setting
measures proposed by the applicant, the significant project-related effects of the proposed action
are offset so that the action.area is expected to function in a manner that is conducive to
maintaining and creating habitats for these endangered species.
,-l -: ”7 $,.-h’,,- ’ C
JNCIDENTAL TAKE
Section 9 of the Act prohibits the take of listed species without special authorizations. Taking is
defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping,
capturing, collecting, or attempting to engage in. any such conduct, Harm is further defined to
include significant habitat modification or degradation that results in death or injury to listed
species by significantly impairing essential behavior patterns, including breeding, feeding, or
sheltering. Under the terms of section 7 @) (4) and 7 (0) (2) of the Act, taking that is incidental
to and not intended as part of the agency action is not considered to be prohibited.taking under
the Act provided that such take is in compliance with this incidental take statement. The
stipulations described as reasonable and prudent measures and terns and. conditions are non-
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I ! 1 Colonel Robert L. Davis (1 -0-F-5 1) 19
discretionary, and must be undertaken by the agency or made a binding condition of any grant or
permit, as appropriate. The Corps has a continuing duty to regulate the activity that is covered
by the incidental take statement. If your agency fails to require the City to adhere to the terms
and conditions of this incidental take statement, the protective coverage of section 7(0) (2) may
lapse.
Based on the analysis of direct and indirect effects of the action as described in the preceding
section, and including the mitigation measures that have been incorporated into the action, such
as limiting construction activities within 300 feet of riparian vegetation and keeping construction
noise levels below 60 dBA Leq. at 50 feet fiom the edge of the riparian vegetation between
September 15 and March 15, the Service anticipates that the following take may occur during the
construction and operation of the project:
1. Zero least Bell's vireos and zero Southwestern willow flycatchers may be killed or injured.
2. Four (4) pairs of least Bell's vireo and three (3) non-paired individual southwestern willow
flycatchers may be taken in the form of harm from construction of the.Cannon Road, Reaches
1 and 2.
3. Fifteen (1 5) pairs of least Bell's vireo, which includes the four pairs mentioned above, may be
taken in the form of harassment as a result of indirect impacts associated with vehicle noise
and lights once the project is completed and becomes operational.
4. Approximately 2.63 acres of least Bell's vireo habitat will be permanently disturbed and 3.1
acres of least Bell's vireo habitat will be temporarily disturbed from the construction of
Cannon Road, Reaches 1 and 2.
These numbers are based on the survey results of Tetra Tech, Inc. (unpublished data), Varanus
Biological Services, Inc. (unpublished data), and observations fiom Jeff Manning of the Service.
Those least Bell's vireos detected in riparian vegetation adjacent to the Reach 2 right-of-way
along a distance of 2,000 feet westward from El Camino Real and those within the right-of-way
of the Reach 1 bridge, spanning Macario Canyon and its unnamed creek and the Reach 2 bridge,
spanning Agua Hedionda Creek are included.
If, during the course of the action, the amount or extent ofthe incidental take limit is reached, the
COVS shall immediately notifjr the Service in writing as required by 50 CFR 402,14(i) and
provide an explanation of the causes ofthe taking. If the incidental take limit is exceeded, the
Corps shall immediately cease the activity resulting in the take, and immediately reinitiate
consultation with the Service.
Reasonable and Prudent Measures
The'following reasonable and prudent measures are necessary and appropriate to minimize the
incidental take of least Bell's vireo and Southwestern willow flycatcher.
(10/8/97) file:\consult\canonrd\cannrd:b02
1 L ' ' Colonel Robert L. Davis (1 -9-F-5 1) 0 20
1. The take of listed species (least Bell's vireo and southwestern willow flycatcher) resulting
from construction and the operation of Cannon Road, Reaches 1 and 2 shall be minimized.
2. Permanent, direct impact to least Bell's vireo and southwestern willow flycatcher habitats in
Macario Canyon and Agua Hedionda Creek floodplain resulting fiom construction of Cannon
Road, Reaches I and 2 shall be compensated through the creation of riparian habitat at a 1 : 1
ratio such that one acre of habitat is created for each acre permanently destroyed.
3 . Temporary impacts to least Bell's vireo, southwestern willow flycatcher, and coastal
California gnatcatcher habitats in Macario Canyon and Agua Hedionda-Creek floodplain
resulting from the construction of Cannon Road, Reaches 1 and 2 shall be miriimized.
4. Indirect impact to least Bell's vireo and southwestern willow flycatcher habitats in Macario
Canyon and Agua Hedionda Creek floodplain resulting from the operation of Cannon Road,
Reaches 1 and 2 (i.e. car and truck trflk noise) shall be minimized.
5. The corps and the City, includkg all of their agents and contractors, will obtain a11
applicable state pennits to take least Bell's vireo, southwestem willow flycatcher, Del Mar
manzanita., and to remove riparian and brackish marsh habitats.
.. Terms and conditions
To be exempt fiom the prohibitions of section 9 of the Act, the Corps is responsible for
compliance with the following Terms and Conditions, which implement the reasonable and
prudent measures described above, and shall insure that the following Terms and Conditions are
incorporated into any permit issued for the proposed action.
1. In order to implement Reasonable and Prudent Measure number one, the Corps and the City
shall:
1.1 Ensure that construction activities within or adjacent to vireo or southwestem willow
flycatcher habitat or within 300 feet of riparian habitat shall be performed outside ofthe
breeding season (September 15 through March 15). Construction outside of the 300-
foot area shall not exceed noise levels of 60 dBA Leq. measured at 50 feet from the
riparian boundary. Activities that may result in clearing riparian vegetation or
exceeding 60 &A Leq. during maintenance of project features in or adjacent to riparian
habitat within the project area and at the mitigation site shall be performed outside of
the breeding season of the referenced species (September 15 through March 15).
1.2 Ensure that a solid, three-foot high sound barrier is constructed on the north side and a
"solid, four-foot high sound barrier on the south side of the Reach I bridge, spanning
Macario Canyon during construction and prior to vehicle use of the bridge.
c
1.3 Ensure that "close grade asphalt" road surface material is utilized during the
construction and maintenance of the road surface on Reach I bridge, spanning Macario
Canyon, the Reach 2 bridge, spanning Agua Hedionda Creek, and the entire nonobridge
(1 0/8/97) file:\~nsult\canonrd\oannrd.bo2
I, I ’ I Colonel Robert L. Davis (1-a-F-51) e 21
portions of road surface spanning the entire 1.54 mile length of Cannon Road, Reaches
1 and2.
1.4 Authorize the Service to visit the habitat areas on-site to ensure compliance with permit
and special permit conditions and the terms and conditions of any applicable
biologicdconference opinion. The Service will contact and coordinate with the
landowner(s) in this regard for all site visits.
2. In order to implement Reasonable and Prudent Measure number two, the Corps and the City
shall:
2.1 Ensure that 3.3 1 acres of least Bell’s vireo and southwestern willow flycatcher habitats
(2.63 acres for permanent impacts plus 0.68 acre for temporary impacts) are created in
Macario Canyon prior to commencement of the above referenced project. The creation
site shall be located at the site referenced in Attachment 2 of this Biological Opinion
. prior to commencement of the above referenced project. This creation effort shall be in
accordance with the grading, planting, irrigation, maintenance, and monitoring plan that
is described in the Conceptual Wetlands Mitigation Plan for Reaches I and 2 of the
Cannon Road Extension Project, dated January 1997, and the table titled Container
plant species for wetland creation for Cannon Road West Reaches I .and 2, provided to
the SCT&P bn June 24, 1997 (Attachment 7).
2.2 Ensure that a 100-foot wide biological upland buffer is established on the easterly side
of the riparian mitigatiqn site prior to commencement of the project referenced above.
Lights within the park shall be designed and placed in such a manner as to ensure no
spillage of light within the mitigation site or 100-foot wide biological, upland buffer,
2.3 Provide for permanent protection of the riparian mitigation area and its biological
upland buffer in Macario Canyon as natural wildlife habitat through the establishment
of a perpetual conservation easement. The language of the conservation easement shall
be approved by the Corps and the Service, wd be signed by all parties prior to
commencement of the referenced project. The language shall include the adequate
protection of the riparian mitigation site from vehicle trafEc and active park uses,
including golf and sports-related activities, hiking and bicycling trails, equestrian trails
and facilities, and other human-related activities. The conservation easement shall
include a statement indicating that the Corps and Service would consider the future,
proposed golf cart path, referenced in the section titled “Cumulative effects analysis” in
this B.O., if it is determined to be the least damaging practicable alternative under the
b(1) guidelines alternatives analysis as part of the future Clean Water Act permit action.
It shall also be stated in the conservation easement that if the future golf cart path is
section 404 of the Clean Water Act and Section 7 of the Endangered Species Act.
approved by the Service and Corps, compensatory mitigation would be required under
-
2.4 Ensure that the riparian mitigation site achieves the intended success criteria prior to
commencement of the above referenced project. Success is anticipated to be achieved
within 12 months from the initiation of site preparation at the riparian mitigation site, as
(10/8/97) file:\consult\canonrd\cannrd.bo2
., ,' ' Colonel Robert L. Davis (I-@-F-51) e 22
stated in the ConceptuaI Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon
Road Extension Project, dated January 1997. Success criteria shall be based on results
from quantifying species density and composition and the horizontal and vertical
vegetation structure along ten fixed, linear sampling transacts (sampling transacts)
spanning the width of the riparian mitigation site on the east-west axis and evenly
distributed across the riparian mitigation site along the northwest-southeast axis. The ten fixed, samphg transacts shdl be located on a map, and a copy of the map shall be
provided to the Service prior to on-the-ground preparation of the riparian mitigation
site. Species density and composition shall be quantified by counting all individuals of
each shrub and tree species within 10 feet from the fixed sampling transacts and
calculating the density of each species for each transect. Vertical vegetation (height)
success criteria (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan
for Reaches I and 2 of the Cannon Road Extension Project, dated Janw 1997) shall
be evaluated by measuring the height of all trees within 10 feet of either side of each
transect, and calculating the mean separately for each transect. Horizontal vegetation
structure (canopy) success criteria for tree and shrub species (as described in Table 3-1
of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997) shall be evaluated by performing the "line-
intercept" method described by Mueller-Dombois and Ellenberg (1 974) along the ten
each transect. The survival of trees and shrubs shall be determined by counting the
number of individual dead platings throughout the entire site and calculating the
percent of the originally planted material that is dead. Monitoring results shall be
provided to the Service prior to commencement of the project referenced above and in
accorclu~c -with the additional time periods described in the Conceptual Wetlands
Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated
January 1997. Photographs from permanently fixed photo-documentation sites of the
mitigation site shall be included in all monitoring reports.
s? ii*d, L,.,,,. sapling transacts. The percent canopy cover shall be calculated separately for
2.5 Ensure that all monitoring reports identify any necessary remedial measures for those
portions of the riparian mitigation site that do not meet the success criteria specified in
Term and Condition 2.5 of this Biological Opinion and in the Conceptual Wetlands
Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extemion Project, dated
January 1997.
3. In order to implement Reasonable and Prudent Measure number three, the Corps and the City
shall;
3.1 Ensure that limits of construction, personnel, and equipment are clearly defined. These
clearly defined limits shall include areas identified for construction, staging, and
(i.e. gas, oil, asphalt), concrete, and other substances hazardous to aquatic life; and - places selected for maintenance and refueling of construction equipment and vehicles.
These limits of construction, personnel, and equipment shall be identified on a legible
map, and provided to the Service and Corps prior to commencement of the referenced
proj.ect. Construction activity zones and storage areas shall be clearly demarcated on
-storage; locations intended for delivering, preparing, and dispersing petroleum products
(10/8/97) file:\consult\canonrd\cannrd.bo2
, . ' Colonel Robert L. Davis (1-e-F-5 1) a 23
site with safety fencing or its eqdvalent to prevent inadvertent disturbance of sensitive
habitats including all riparian, coastal sage scrub, fresh and brackish water marsh
habitats. Safety fencing shall be placed prior to construction, and shall not be removed
until completion of the project. Safety fencing shall be placed and removed during the
non-breeding season of least Bell's vireo and southwestern willow flycatcher
(September 15 through March 15).
3.2 Ensure that a drift fence is placed between construction zones and wetland, riparian,
and other sensitive habitats to prevent sediments from entering these habitats during
construction. Drift fencing shall be placed prior to construction, and shall be removed
within 12 months following completion of construction. Drift fencing shall be placed
and removed during the non-breeding seasons for the referenced species (September 15
through March 15).
3.3 Limit all direct disturbance of potentidoccupied least Bell's vireo, southwestern W~UOW
flycatcher, andor coastal California. gnatcatcher habitats associated with the project to
those areas stipulated in the description of the action. Clearing of riparian vegetation
for construction or operations shall not occur fiom March 15 to September 15 of any
calendar given year. Any riparian, other wetland habitat; or coastal sage scrub
vegetation accidentally, temporarily destroyed in the project area, or vicinity of the
project area, shall be revegetated within 12 months of the temporary impact. Any .
riparian or other wetland habitat accidentally permanently destroyed in the project area
or vicinity of the project area shall be immediately replaced at a ratio of one acre
repiaced (through wetland creation) for each acre disturbed or destroyed based on a plan
approved by the Service.
3.4 Ensure that all riparian and other wetland restoration sites resulting from temporary
impacts are irrigated in accordance with the measure proposed by the City and
described in project measure number three in the section Wed "Description ofthe
Proposed Action" in this Biological Opinion. Planting specifications, maintenance,
monitoring, success, and reporting'shall be in accordance with that described in the
Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997.
3.5 Remove/eradicate/control invasive weeds from all riparian areas directly disturbed by
construction or operations for not less than five years from initiation of construction.
The following possible weeds shall be controlled at least twice annuaIly (before seed
set, as appropriate) so that the total aggregate extent of weed cover does not constitute
more than 5 percent of the total area disturbed: Eucalyptus, Anmdo, Acacia, Ricinus,
Rumex, Carpobrotus, Myoponun, Cortaderia, Schinus, Cynodon, Nicotiana, Vinca,
-Ailanthus, Salsola, Cirsium, Cystisus, Foeniculum, Tama~ix, Cynara, Marmbium,
Pennisetum, and Centaurea. The goal of weeding efforts shall be to eradicate - Eucalyptus, Arundo, Ricinus, Cortaderia, Foeniculum, and Tamarix on-site. Weeding
efforts shall not impede or preclude native plant revegetation (passive or active) ofthe
area.
(10/8/97) file:\consult\canonrd\cannrd.bo2
, ' % Colonel Robert L. Davis (5 -e-F-5 1) a 24
3.6 Ensure that areas subject to contact with wet concrete shall be de-watered or have
surface flows diverted until all concrete is fully set. Catalyzing agents in wet concrete
are very alkaline (Sweet 1993) and can easily cause extreme harm to aquatic organisms
when in contact with receiving waters.
3.7 Ensure that no night-time lighting will be used as part of construction or operations in
areas of the project that are within 500 feet from least Bell's vireo and southwestern
willow flycatcher habitat.
3.8 Ensure that all employeedagents of the applicant with responsibilities that affect the .
action area shall be: 1) informed of the sensitivity of the habitat areas and the presence
of the listed and protected species accommodated therein; and 2) instructed as to the
content of the Corps permit, this Biological Opinion, and the special permit conditions
and terms and conditions delineated herein.
3.9 Ensure that all construction haul roads shall utilize existing paved and dirt roads. No
widening of the existing dirt roads shall be allowed if impacts to native vegetation will
OCCLlr.
4. In order to implement Reasonable and Prudent Measure number four, the Corps and the City
shall:
4.1 Ensure a contribution of $1 50,000 (12.4%) and payment for any outstanding start-up
costs towards the total 8 1.2 million endowment for wildlife management practices on
the 186-acre site described in the P.A.R. prepared by the Center for Natural Lands
Management. These funds shall be placed into an interest bearing account prior to
commencement of construction activities for the Cannon Road Reaches 1 and 2 project.
Documentation of any outstanding start-up costs shall be provided to the Service and
Corps, and funding for these outstanding costs shall be'placed into the interest bearing
account with the wildlife management funds. Documentation of establishing the non-
wasting, interest bearing account shall be provided to .the Service. prior to
commencement of the construction activities for Cannon Road Reaches 1 and 2.
4.2 Work with the Service, Corps, Department of Fish and Game, and any other interested
persons or organizations in obtaining funding for the remainder of the $1.2 million cost
for wildlife management practices intended for the 186-acre area.
4.3 Remove pampas grass within 28 acres of wetlands in Macario Canyon for a five year
period. The first removal effort shall be initiated outside of the breeding season ofthe
least Bell's vireo and southwestern willow flycatcher (September 15 thro,ugh March 15)
&thin' 12 months after the commencement of the project referenced above. All pampas
grass shall be removed within Macario Canyon within 24 months after commencement
Canyon shall be removed in years 3,4, and 5.
- of the project. Any newly established or resprouted pampas grass within Macario
(1 018197) file:\consul:\cano~\~~rd.b02
!
‘L , ‘ Colonel Robert L. Davis (1 -0-F-5 1) a 25
4.4 Conduct a cowbird trapping program within the Macario Canyon area. This cowbird
trapping program shall consist of five traps located in five accessible areas where
cowbirds occur. Traps shall be monitored from March to September, and checked once
every day. Trapping methodology shdl be in general conformance with techniques
described in Salata 1983. A scientific collecting permit from the California Department
of Fish and Game shall be obtained. Any other bird species caught shall be released.
An mual monitoring report on the trapping effort shall be submitted to the Service by
November 15th of each year.
5. In order to implement Reasonable and Prudent Measure number five, the Corps and the City
shall:
5.1 If the City fails to comply with any of the measures incorporated into the project to
minimize the impacts to federally listed species and their habitats, Reasonable and
Prudent Measures, or Terms and Conditions of this Biological Opinion, the Ccr~js shall
suspend the 404 Clean Water Act permit until such time as the City is in compliance
with the Terms and Conditions of this Biological Opinion. The Corps shall notify the
City in a written letter of the City’s non-compliance with the Terms and Conditions of
this Biological Opinion,
. , ... .
Disposition of Sick. Injured. or Dead Individuals
[ 11 Upon locating a dead, injured, or sick endangered or threatened species specimen, initial
notification must be made to the nearest Service Law Enforcement Office [e.g. Torrance (3 10)
984-0062]. ,Care should be taken in handling sick or injured specimens to ensure effective
treatment and care in handling dead specimens to preserve biological material in the best possible
state for later analysis of cause of death. In conjunction with the care of sick or injured
endangered species or preservation of biological materials from a dead animal, the finder has the
responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.
[2] The Service’s Carlsbad Office is to be notified within three working days should any
threatened or endangered species be found dead or injured during this project. Notification must
include the date, time, and location of .the carcass, and any other pertinent information. Dead
animals should be transported to a qualified veterinarian. Should any treated animals survive, the
Service should be contacted regarding the final disposition of the animals. The Service contact
person is Jeff Manning and may be contacted at the letterhead address or at (760) 43 1-9440.
Conservation Recommendatiow
Section “r(a)( 1) of the Act directs Federal agencies’to utilize their authorities to further the
purposes of the Act by carrying out conservation programs for the benefit of endangered and
threafened species. The term “conservation recommendations’.’ has been defined as suggestions
of the Service regarding discretionary measures to minimize or avoid adverse effects of a
proposed action on listed species or critical habitat or regarding the development of information.
animals maybe marked in an appropriate manner, photographed, and left on-site. Injured
(1018/97) ~le:\consuIt\canonrd\cannrd.b02
! L Colonel Robert L. Davis (1 97-F-51) ‘L 26 a
The recommendations provided here relate only to the proposed action and do not necessarily
represent complete fulfillment of the agency’s 7(a)( 1) responsibility for these species.
1. .Strictly enforce all regulations pursuant to Section 404 of the Clean Water Act which
provide for active enforcement of unauthorized discharge of fill material into ripar;an
woodland wetlands and waters of the United States.
2. The Corps should assess the success of various measures for mitigating action-related direct
or indirect impacts to vireos and their habitat. Thus far, it is apparent that successful
creation of vireo habitat has been achieved by relatively few revegetation specialists. The
Corps should review past riparian revegetation resulting fiom previous Corps permits, and
assess the success of these revegetation efforts to determine if remedial measures should be
incorporated into permits.
In order for the Service to be kept informed of actions that either minimize 01 avoid adverse
effects or threats to listed species or their habitats, the Service requests notification of the
implementation of any conservation recommendations.
Conclusion
This concludes formal consultation on the (project name). As required by 50 CFR 402.16,
reinitiation of formal consultation is required if 1) the amount or extent of incidental take
authorized in this biological opinion is exceeded; 2) if new information becomes available that
reveals effects of the action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; 3) if the action is subsequently modified in a manner that
causes an effect to listed species or critical habitat not considered in this opinion; or 4) if a new
species is listed or critical habitat designated that may be affected by the action. We would
appreciate notification of your final decision on this matter. Any questions or comments should
be directed to staff biologist Jeff Manning of this office at (760) 43 1-9440.
Sincerely, e.&b&
LQQG~~~ C; K etich
Field Supervisor
cc: CCC, San Diego (Am: Bill Ponder)
CDF&G, Long Beach (Attn: Terry Dickerson)
CDF&G, San Diego (Attn: Dave Lawhead)
EPA, San Francisco (Am: Rebecca Tuden) - City of Carlsbad, Dept. of Planning (Attn: Don Rideout)
(1 0/8/97) Ate:\consuIt\canonrd~~nrd.b02
! , ~ ' Colonel Robert L. Davis (la-F-5 1) e 27
LITERATURE CITED
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Allen Press, Lawrence, Kansas. 877pp.
Baird, K. 1989. High quality restoration of riparian ecosystems. Restoration & Management
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Barlow, J. 1962. Natural History of the Bell Vireo, Vireo bellii. Audubon. Univ. of Kansas
Publ. Mus. OfNat. Hist. 12 (5) : 241-296.
Biakesley, J.A., and K.P. Reese. 1988. Avian use of campground and noncampground sites in
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I, b ’ ’ Colonel Robert L. Davis (1 -@‘-F-5 1) e 28
Goldwasser, S.D., Gaines, and S. Wilbur. 1980. The least Bell’s vireo in California: a de facto
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DG~A~AGJ. TB --irmj -.-
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(iof8197) ~Ic:\wnsutt\canonrd\cannrd.bo2
1 1. Colonel Robert L. Davis (1 e-F-5 1) ‘I 1 % 0 29
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- Pendleton, California by the U.S. Fish and Wildlife Service, Division of Ecological
(1018/97) fiie:\consult\canonrd\cannrd.b02
1’
’) I v4 b Colonel Robert L. Davis (la-F-51) e 30
Salata, L. 1988. Status of the Least BeIl’s Vireo at Camp Pendleton, California. U.S. Fish and
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Varanus Biological Services, Inc. Unpublished data. Facsimile regarding Kelly Ranch least
Bell’s vireo locations. Received by the Service and dated July 14, 1997.
Wilbur, S. 1980. Status report on the Least Bell’s Vireo. Unpublished report, U.S. Fish and
Wildlife Service, Region 1, Portland, Oregon.
Whitfield, M.J. 1990. Willow flycatcher reproductive response to brown-headed cowbird
parasitism. Master’s Thesis, CaIifornia State University, Chico; Chico, California.
Willett, G. 1912. Birds of the Pacific Slope of Southern California. Pacijic Coast Avifauna No.
7.
(10/8/97) file:\consult\canonrd\cannrd.bo2
\L
’ $ ,, V: ’ Colonel Robert L. Davis (1 -8-F-5 I) !f e 31
Wihff, G. 1033. A Revked List of the Birds of Southwestern California. PacDc Coasd
Avqauna. No. 21,
Zembal, R. 1984 Santa Margarita River Project, San Diego County, California. Fish and
Wildlife Coordination Act Report, United States Fish and Wildlife Service, Laguna
Niguel, California. 91 pp. plus appendices (267 pp.).
Zembal, R., K. Kramer, and R. Bransfield. 1985. Survey of Vegetation arid Vertebrate Fauna in
the Prado Basin and the Santa Ana River Canyon, California. Unpublished report, U.S.
Fish and Wildlife Service, Laguna Niguel, California.
-
-
(10/8/97) file:\consutt\canonrd\cannrd.boZ
1
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. CALPFBRVXA DEPAR'ITrnIYT OF PXSH AND "E 330 Golde~ Shore, Suite 50 Long Beach, California 908U2
Page 1 of 6 Notification No.Z-044-97
AGREEb" REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of Caiifamia, Jhputment of Fish and Game, hereinafter called the Deparsnent, and Bud Lewis of City of - 207~5 -
foilows: CA 92009: c760) 438-1 161 X 447.7; State sf - hereinafker called &e operator, is w
WHEREAS, pwsumt to Sdon M2.L of California Fish and Game Code, the Operator, on the& day czfFebrw& 1987, not5e.d the Department that they intend to divert or obstruct the natural flow of, or Ghange the bed, charmi, or bank of, or use mzltetial from the stteambed(s) of, the following water(s): - San Diego County, California, Sectiov Bodv TownshipJJ&
to - 0 d an d tributary to Arma
Range=.
'rrJWEEAS, the Department has determined that such operations may subsaantially adversely affect
those existing fish and wildlife resources within &a Hedianda ,Creek tributary to Agua Hedionda
laon. and an unnamed tributary to -, specifically identified as follows; reptiles: western fence lizsUc0:s: yellow eler. SO~P wow, least Bell's vireo, so&western wilPow flycatcher. ,CalZomm -7 w. western medow-
wood?eckm.m le-eer: mammals: COYO~ ah and emsh verr$ation WhicLprovides habbtxor those speciewls. Saficomro. *. and dl 0th- WI 'Idli&esources, inc1udinP: that n-i&an -bitat for smcb-pecies in the area.
Coo- hawk. white-tailed kite. red-tailed hawk, other rqtmmaUard. nut tat'^
...
THEREFORE, the Department hereby proposes measures to protect fish and wildlife resoucces during
the Operator's work. The Operator hereby apes to accept the following mcssurcs/conditions as part of
the proiposed wok
If the Operator's work changes frdm that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be subm&d to the >t@nat of Fish and Gme. F&re
to comply with the provisions of this Agreemerat and with other pertinent code sections, including but not limited to Fish and Game Code Sections 56541,5652,5937, and 5948, may result in prosecution.
Nothing in this Agrement autharites the Operator to trespass ofl my land or property, nor docs it relieve the Uperator of responsibility far cornp1ianoe with applicable fedexml, state, or local laws or
ordinances. A consummated Agreement does not constitute Department of Fish and Game edorsement
of the proposed operation, or assure the Department's concurrence with permits required fhm other agencies. -
S"2ook ** ,
tmdconditions ofthis - that time ne- e
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Page-& of &
STREAMBED AL"'EMTION CONDITIONS FOR NBTI]FICA'I''KIN ?d\JCTJ&$ER: 3~044-97
X, The folfovcing provisions constime the limit of activitks agrGGd IQ ad ns&red by ~s Agreemen The signing of this Agreement does not hply that the Opemtm is precluded fiom doing o&ep ativjtit
at the site. However, activities nd specifidly agreed to and resolved by this Agreement shall be
subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq.
2. The Qperator proposes to alter the strambed to construct the Cannon Road Improvement Project, ; four-lane major road comection (1.54 miles X 102 feel) between Interstate 5 and El CarnGno Real, impacting 3.32 acres of stream (2.64 permanently and 0.68 temporarily), The project consists of Reaches 1 and 2, located on the south side of Agua Hedionda Lagoon in the City of Carlsbad, Reach
includes an approximate 458-fmt bridge: over Ma~rio Canyon and its unnamed creek, Reach 2 inclur
an approximate 130-foot bridge over Agua Hedionda Creek at ET Catmino Red.
Notifications 5-04-97 and 5-045-97 for both Reaches 1 and 2 have been combiined and are ineluded
under this Q~C Streambed Aheration Ag~eement, This StremM fiMm Agreem.ent mjaca
8treambed Agreement 5-233-89, which bad expired,
3, The agreed work includes activities associated with No. 2 above. The project area is located in Ag
Lagoon, Sari Diego County, Specific work areas aad mitigation me%sures, are described din the plan
and documents subMtted by .&e Operator, including "Conceptual We- M&,gation Plan for M
1 .and 7 of the -on R0-n Project". & bv Tetra Tech. lnc..- 1997~
grezxed bv Tern Tech? @e md dated FeWz, 2OS1998. Bdomcaf. Q - (1 " 6 97 " F 5 X)*Ated 0-d by WSF WS: fetter fk-e l2- mifomia.CQastad_Comrmssion, Jkuggy. 1998 , and sMl be implemented as proposed unless directed differently by this agreement.
4. Thc Operator shall not impact mote than 2.64 acres of stream permanently (Reach 1 : southem wilt01 scrub - 1 ,Q acre direct, 0.8 me shading; brackish mmh - 0.01 acre direct, 0.10 acre shading; Reach 2;
riparian habitat lempraily. No other tempwary or pemamnt imp& &dl aem.
5. The Operator shall mitigate as described in the submitted documents, with the creation of 6.34 acres of wetland habitat: 6.07 acres of vireo-qdity southern wilow riparian habitat, 0, I3 acre of brackish marsh and Q,14 acre of open water. The identified locations are as follow:
Hed- wnmne~ a
=dm to co- 11 'pation Pwad Extemmiect Rwes 1. and 2" .~ * pinion on the C-Road
-2 1 - .cn. CinVofC&&& && 1 md 2) Pe~t &l~~Ent ~tt NO,.^ ,-2013O-TCD & 97 O 313 r. 1 *
southern willow swb - OS9 acre direct: open water 0.14 mt direct) and 0.68 acres soufhm willow
A, Macario Canyon, southern boundary of Agua Hedionda Lagoon - 4.1 acres; B, Kelly Ranch (access road), adjacent to El Camino Real at Hidden Valley Road - 0.44 acre;
C. West and across from Agua Hedionda Creek from site B A I .3 acres; and D. Adjacent lo Park Drive - 0.5 acre.
The 0.68 acres of temporary impacts to southern willow riparian habitat shall be restored within 1 par:
of impact and no later than Mm&lLX@!L .
All mitigation instalktion (except for the 0.44 acre of mitigation sat Kelly Ranch) for permanent imp=& shall be initiated concurrent or in-advance of project impacts, and shall be Nly installed witbin a day
of project initiation and no Iater than- 30 . 199% The 0.44 acre of mitigation at Kelly Ranch shall be installed no later than m
-
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STREWED Ammvmm CQ~B~~BNS FOR KOTIFICATION NUMBER: S-O~L;-W
6. A security (e.g, m irrevocable letter of credit, piedge savings account or CD) for the amount of
COmpktC restoration, maintenance and monitoring far a mmhm of 6.34 acres wetland habitat ta be
Greated shall be submitted to the Depment prior to initiation of construction activities, If &e project
impacts mz phased, only that portion ofthe secUr;,ty to cover the mitigation €or those impacb~ ~eeds to he submitted ta the Department prior to initiation of each phase afthe construction activities, TIi;s amount shall be based cn &e cost estimate by the Opemf~r: estimate of per acre cast o€ wetland creation inc!ubislg grading, ins+dlation, irrigation, 5-year m&nte=ce monitoring, and 5-year least Bell's vireo mo~&~dng is $1 14,420 per ax, The s.,curity shall k approved by &c DepartMents legal adtl'sors pria
to its execution, and shall diaw tfae Dc3prtment at its sole dismtian to recover futnds immediately if the
Department determines there has been a &fa& The Eegd advisors can be CQII~C~~~ at (9 16) 654-1582 1 -
7. Be advised, the Opemtur shall oWn a Califha Endmgerd Species Act Management Take Permit
for le& Bell's vireo and sou&westexn willow flycatcher ~I-~QT ta project initiation. The Permit 2081- 1998-05-5 is currently being pr~o~esstld.
8. Prior to project initiation, the Operator shzll! submit to the Demmt the mended Biological
Opinion for this project ad tame Army Corps 404 permit(s>.
9. At1 terms and conditions under the fded Biot~gicaI Opinion No. 1 -6-97-F-5 1 and special
conditions afthe Amy Corps pemit(s) 97-20] 30-TCD and 97-20131-TCD shail be enforceable by the Wz?~.~rn-t under this agrement.
10. No pile driving shall occW from Mwch 1, tu September 1 to avoid any indirect noise impcts to nesting birds.
f 1. Be &is& that &e coastal sage scrub habitat impacts must meet csuf&i?t res~io~ms~ and nniiigation sfid! be dekmhed, thPcaug.1 the NCCP and the Federal Endmgwed Species Act process.
12. The Operator shall pot remove vegetation within the stmm from March 1 to September IS to avoid impacts to Aesfjng birds. However, &he Operator m3y remove vegetation from Mach 1 to April 1 IF: 1 - Surveys for nesting birds shall be Conducted by a qu&€ie$ biologist within 24 hours of an area's vegetation remavd; AND 2. This smeyfreprt shall be FAXed to the Sarn Diego office at (619) 467- 4299; N 3. A qualified biolagist shall supervise and be on site duping ALE clearing of vegetation; AND 4.Ns ~~tfbgkleari~g af vegeasS~ou shall occur if u nesting birds are on site. The Department recoIz1II1&nds the cutting of %ti newssary vegetation farSa, and then the clearing, as safety allows.
13, The perimeter sf &e work site shall be adequately flagged and fend to prevent damage to adjacent
riparian habitat. This work shall be supervised by a qualified biologist, The work conidor &dl not
exceed 90 feet on either side of the bridge sites.
14. A qualified biologist &dl monitor a&vities op site and submit a wnstxuction monitoring report
such 5~s; nesting birds, flaggingt fmcing, vegetation clearing, pile $riving> mitigation grading, compliance with agency conditions, atty other patinent fish and wildlife resource issues. The Depariinent shall be contacted immediately if any nesting birds are observed and any habitat clearing &dl cease immediately,
monthly We Depment. It shall include the statu ofthe project rf?gaAi.iig haktathsource issues,
no,,cn* _I co 1,- TC.C- -0 I rrunc-7..lLI'. IC1 , I - hr _PO hr" " ,., ,
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Page& of$_
STREAMBED ALTERATION CQNDTTIONS FOR NO'I'IFICATION NUMBER 5-044-97
15. No cquiprnent shall be ~pmteb in pnded or flowing am. Wen work in a flowing ae;rm js
unavoidabla, the entire ~tream flow shdl be diverted around the work area by a barrier, temporary culvert, new channel, or other means approved by the Depment. Construction of the banrier and/or the new chmel shdl normally begin in the domstream area and continue in an upstram direction, and the
flow shall be diverted only when construction of the diversion is complatcd. Channel bank or barrier constructian shall be adequate ts prevent seepage into or from the work area. Channel banks or bmiers shall not be made of earth or o&cr substances subject to erosion dess first enclosed by sheet piling,
rock riprap, or sther protective materid. The enclosure and the: supportive materid shall, be removed when the work is completed and removal shall normally proceed &om domstmm in an upstream direction.
16. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The
disturbed portions of any stream channel shdll be restored. Restoration shall include the revegetation of stripped or exposed sueas with vegetation native to the ma
17. Instaliation of bridges, culverts, or other structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream chaanel grade; bottoms of permanent culverts shall be placed at or below stream channel grade.
18. Preparation shall be made so that runoff ffom steep, erodible surfaces will be diverted into stable mas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or
other work trails tQ control erosion.
19. Water containing mud, silt M other pabtants from aggregate washing ox other 2ctivities shdl not be dhw& to enter a lalee ~xt flowing stream or placed in lrrcrations that my be subjected to high stom
flow.
20. Structures and associated materials not. deigned to withstand high seasond flows shJS be removed
to areas above the high water mark before such flows occur.
21. Staghg/storage areas far equipment and materials shall be located outside of the stream.
22. The Operator shall comply with all litter and pollution laws. All conmcrors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance.
23, If a stream's low flow channel, bed or banksflake bed or banks have been altered, these shall br:
returned as nearly as possible to their original corrfiguration and width, without crating faxtwe erosion
problems.
24, Ail created wetlands habitat must be h of irrigation €or a minimum of me dry season (April 1 - cktober 8 and meet agencyaapproved success criteria. The criteria shall include meeting 5-year pedomance standards for growth and coverage, ad be approved by the agencies as vireo-quality habitaf $e. contains new least Bell's vireo nesting territories andor meets coveragelstrata guidelines for least Bell's vireo). All planting shall have a minimum of 80% survival the first year and 1 OP? survival thereafter andlor shall attain 75% cover after 3 years and 90% cover after 5 years for the life of the projest. If the survival and covet requirements have not been met, the Operator is responsible for replacement planting to achieve these rCqUiements. Replacement plmb shail be monitored with the
same survival and growth requirements for 5 years after platltiag. Au created and restored southern willow riparian habitat shall meet vireoquality habitat standards.
RC%/W'.-l GQ1.C Tct7 G1Q1 fW!?ClXH-I -In I I T? -c.cm acc"ol-~u\ I
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Page2 of L
STREAMBED ALTERATION CONDITIONS FOR NO'PIFICATION NUMBER: 2-044-97
25. All pIanting shall be done between October 1 and April 30 10 take advantage of tbe winter rainy
season, or shail be irrigated to ensure survival.
26. An annual report shall be submitted to the Department by Jan. 1 of each year for 5 years after
' planting. This report shall include the survivd, % cover, and height of both tree and shrub species. The number by species of plants replaced, an overview of the megetation &Tort, and the method used to
assess these parameters and vireo surveys shall also be included. Photos from designated photo stations shall be included.
27. Access to the work site shall be via existing roads and access ramps.
28. Spoil sites shall not be located within a stream/fake, where spoil shall be washed back into a
streamrlake, or where it will cover aquatic or riparian vegetation
29. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other
petroleum products, or any other substances which could be hazaxdous to aquatic life, resulting fiom
state. These materials, placed within or where they may enter a str&ake, by Opemtar or any party working under contract, or with the permission of the Operator, shall be removed immediately.
30. No debris, soil, siltt sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil
or petroleum products or other organic or earthen material fiom any construction, or associated activity
of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or muff into, waters of the State. When operations are completed, any excess materials or debris shall be
removed fiom the work area. No rubbish shall be deposited witbin 150 feet of the high water mark of
any stream or lake.
3 I - No equipment maintenance shall be done within or near any stream channel where petroleum
products or other pollutants from the equipment may eater these areas under any flow.
32. The Opentor shall provide a copy of this Agreement to all cont~cto~, subcontractors, and the
Operator's project supervisors. Copies of the Agrement shall be rmdily avaflabie at work sites at
stl times daring periods of active work and must be presented to any Department personnel, or
personnel fiom another agency upon demd
33, phe Departmeat reserves the right 10 enter the project site at any time to ensure comp~iance with terms/conditions of this Agpement.
34. The Operatop shall notifjr the Department, in writing, at lcmt five (5) days prior to initiation of construction (project) activities and at; last five (5) days prior to completion of construction (project) activitits, Notification shall be sent to the Repartment at 330 Golden Shore, Suite SO, Long
Bmch, CA 90802, Attn: ES.
I
project related ~tivities, sMI be prevented fiom contaminating the soil mdhr entehg the waters of the
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STREAMBED ALTERATION CONDiTlUNS FORNOTIFICATION NUMBER: 5-044-97
35. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. Thc dccision to proceed with the project js the sole responsibility ofthe Operator, and is not required by this agreement. It is further agreed all
, liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildIife protective conditions of this agreement, remah the sale responsibility of the Operator.
The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim mzde by any party or parties for persod injury or any other damages.
36. The Department reserves the right to suspend or cancei this Agreement for other reasons, hciuding
but not limited to the following:
a$ ne Department determines that the information provided by the Operator In support of the
NotificatiodAgreement is incomplete or inaccurate; b. The Departmeor obtains new information that was not known to it in preparing the terns and conditions of the Agreement;
c. The project or project activities as described in the NatificationlAgreement have changed;
d The: conditions affecting fish and witdlife resources change or the Department determines that
project activities will result in a substantid adverse effect on the environment.
37. Before any suspension or canckIlation of the Agrecmcnt, the Department will notify the Operator in
writing of the circumstances which thi Department believes warant suspension or cancdlation. The Operator will have seven (7) working days fiorn the date of xeciipt of this notification to respond in
writing to the circumstances described in the Department's notification, During the Seven (7) day
response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not oontinue the specifed activities until that time when
the 'Department notifies the Opetator in writing that adequate methods andlor measures have been
identified and agreed upon to mitigate or eliminate the significant adverse effect.
CONCWNCE
(Operator's name) California Dept. of Fish and Game
Ju x)d/baws I !%h& (signature) (date)
u-c)yT> z3- C"S
c mot- F&onm ental-& TI1 (title) (title)
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ATTACHMENT 5
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
CDFG Incidental Take Permit 2081 -1 998-05-5
PURPOSE OF THE MMR PROGRAM
The purpose of the program is to ensure that the mitigation measures required by the Department of Fib
Game (“Department”) for the Cannon Road West project are properly implemented. The checklist include
this program provides a mechanism for monitoring the mitigation measures in compliance with the Cal
Environmental Quality Act, and general guidelines for the use and implementation of the monitoring progn
described below.
OBLIGATIONS OF THE CITY OF CARLSBAD
The City of Carlsbad (“Carlsbad”) shall have primary responsibility for monitoring compliance with all miti!
measures included by the Department as conditions of approval for the Incidental Take Permit (“Permit”) f
project. Mitigation measures must be implemented within the time periods indicated in the checklist that ap
below. In addition to monitoring and reporting implementation of the mitigation measures set forth in the che
Carlsbad shall:
A. Immediately notify the Department if its monitoring reveals that any of the mitigation me2
were not implemented during the petiod indicated in this program, or if it anticipates that me&
will not be implemented within the time period specified.
B. Provide the Department with the following reports: (1) annual reports, due every January 1
long as project construction continues, that indicate the status of mitigation measures an
highlight any measures that have not been implemented as scheduled, and (2) no more th
days after completion of project construction, a post-construction report that identifies thl
construction and construction mitigation measures that were fully implemented and, if an)
measures were not fully implemented, a description and explanation of all known instances 0’1
compliance. Carlsbad may provide an up-to-date copy of the checklist showing current stai
individual mitigation measures to satisfy the reporting requirements, attaching suppleme
materials as necessary to fully explain the status of mitigation.
C. Allow Department employees to enter the project area to verify compliance with mitic
measures or to assess effectiveness of those measures. Carlsbad may place reasol
restrictions on Department employees’ access to the property provided those restrictions c
interfere with the Department’s ability to monitor the implementation or effectiveness 0
mitigation measures.
VERIFICATION OF COMPLIANCE
The Department may verify compliance with take avoidance and mitigation measures to ensure the accura
Carlsbads monitoring and reporting efforts. The Department may, at its sole discretion, review relevant PI
documents maintained by Carlsbad, interview Carlsbad employees and agents, inspect the project area, and
1
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MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
other actions to assess compliance with or effectiveness of mitigation measures for the project. Carl:
obligation to fully comply with all Permit conditions does not end with the expiration of the term of the PC
MITIGATION MONITORING CHECKLIST
The following items are identified for each mitigation measure to ensure proper implementation and esta
monitoring system: Mitigation measure, implementation schedule, and monitoring reporting. A descrip
these items is provided below.
Implementation Schedule
The mitigation measures required for the Cannon Road West project will be implemented at various tin
development proceeds and during operation. Some measures must be implemented during construction act
while others must be implemented when the roadway is developed and in operation. For each mitigation me
the implementation schedule is identified as Pre-Construction, During Construction and Post Construction (I operation).
Monitoring/Reporting Agency
For each mitigation measure, the Monitoring Agency is identified. The monitoring agency is responsit
ensuring that the mitigation measures are properly implemented. City departments charged with comr
development, resource management, infrastructure and public services are typically assigned moni
responsibilities.
Status (verified date initialed)
The Status column of the checklist has been intentionally left blank. City staff will use this column to make
about the progress made in implementing each measure. Upon full implementation of the measun
completion date will be entered and initialed.
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ATTACHMENT 6
CALIFORNIA DEPARTMENT OF FISH AND GAME
CALIFORNIA INCIDENTAL TAKE PERMIT
NO. 2081-1998-05-5 (Cannon Road, City of Carlsbad)
CEQA FINDINGS
INTRODUCTION:
The California Environmental Quality Act (“CEQA”; Public Resources Code $21000, et
seq.), and the State CEQA Guidelines (“Guidelines”; 14 Cal.Code Regs. 15000, et seq.) require
that prior to reaching a decision on a project, a Responsible Agency must consider the
environmental effects of the project as shown in the Environmental Impact Report (“EIR”) or
Negative Declaration prepared by the lead agency.
As the lead agency for the Cannon Road Improvement Project, the City of Carlsbad
adopted a mitigated negative declaration, State Clearinghouse No. 96091058, and approved the
project on October 28, 1997. The California Department of Fish and Game (“CDFG”) is issuing
a California Incidental Take Permit (“Permit”) to the project applicant, the City of Carlsbad. The
applicant proposes to construct a 1.54-mile, four-lane extension of Cannon Road west of El
Camino Real and south of Agua Hedionda Lagoon.
CDFG is a responsible agency under CEQA for the purpose of approving the Permit
necessitated by the lead agency’s proposed project. As a CEQA responsible agency, CDFG is
required by Guideline 815096 to review the environmental document certified by the lead agency
approving the project and to make certain findings concerning the project’s potential to cause
significant, adverse environmental effects. However, when considering alternatives and mitigation
measures approved by the lead agency, a responsible agency is more limited than the lead agency.
CDFG has responsibility for mitigating, minimizing or avoiding only the direct or indirect
environmentd effects on species protected by the California Endangered Species Act.
FINDINGS:
CDFG has considered the mitigated negative declaration adopted by the lead agency.
CDFG has independently concluded that the Permit should be issued under the terms and
conditions specified therein. CDFG finds that with the mitigation measures incorporated into the
Permit, there will be no significant effect from the proposed project on species protected by the
California Endangered Species Act. The following mitigation measures are among those that have
been incorporated as conditions of’approval of the Permit:
-- All construction within 300 feet of riparian habitat will be conducted between September
15 and March 15 to avoid the breeding seasons for the least Bell’s vireo and willow
flycatcher.
Page 1 of 2
'. * *
CEQA Findings, Page 2
-- The project will be constructed and designed to reduce noise in habitat areas. Pile
driving will not occur between March 1 and September 1.
-- 6.34 acres of wetlands habitat will be created, and habitat created in Macario Canyon
will be protected by an upland buffer and by a conservation easement. Carlsbad will
provide $725,423 in security to ensure that this habitat will be created.
-- Construction zones will be clearly delineated to limit impacts to habitat, and drift fencing
will be installed to prevent sediments from entering habitat areas.
-- $150,000 will be contributed to an endowment for long-term wildlife management on
a 186-acre site, and efforts will be made to obtain additional funding for the endowment.
-- Pampas grass will be removed from Macario Canyon wetlands and a cowbird trapping
program will be conducted in the area.
-- A biologist will monitor construction activities and the presence of vireos and
flycatchers, and monitoring reports will be submitted regularly to the Department.
CDFG finds that the Mitigation Monitoring and Reporting Program attached to the Permit
will ensure compliance with mitigation measures by requiring the applicant to monitor and report
progress in implementing those measures for review by CDFG staff.
me Mitigation Monitoring and Reporting Program (Attachment 5 of the Permit) is adopted.
The Project is approved.
DATE: August , 1998
Ron Rempel, Regional Manager, Region 5
CALIFORNIA DEPARTMENT OF FISH AND GAME
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, ATTACHMENT 7
HABITAT MANAGEMENT LANDS ACQUISITION CHECKLIST
The following checklist is provided for your convenience and to expedite Department
processing of your Habitat Management Lands acquisition proposal. This list indicates the
appropriate real estate documents which must be provided to the Department of Fish and Game
so that review and formal acceptance can be accomplished. Any land acquisition processing.
requests which are incomplete when received, will be returned.
0 Proposed Lands for Acquisition Form (PLFAF)
(Forward to Region for approval, Region will send to Realty Services
Coordinator.)
0 Hazardous Materials Site Assessment Report
(An existing report may be used, but it must be less than two years old.)
0 Preliminary Title Report(s) for subject property
(An existing title policy is not acceptable.)
D Grant Deed or Easement Deed
(Deed must be an original, signed and acknowledge, or a certified copy
thereof.)
0 County Assessor Parcel Map(s) for subject property
0 Site Location Map
(Site location with property boundaries outlined on a USGS 1:24, 000
scale Topographic Quadrangle Map.)
The Region will forward the PLFAF to the Lands and Natural Areas Program (LNAP) Realty
Services Coordinator and request that LNAP process the land acquisition for formal
acceptance. With the exception of the PLFAF, all documents listed above should be submitted
directly to the Realty Services Coordinator at the following address:
Ms. Bonnie Turner
Department of Fish and Game
Natural Heritage Division
1416 - 9th Street
Sacramento, CA 95814
0 For some transactions, additional documents may be required, such as, documents to
support title exceptions, or to explain title encumbrances. These additional documents may be
requested by the Realty Services Coordinator during his review.
0 Please note that by the terns of the CESA MOU the Project Applicant is responsible
for all land acquisition costs including: title document costs, escrow fees, recording fees, title
insurance premiums and any other escrow-related fees or costs.